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Appealing a WCA decision

If your reconsideration request is unsuccessful, you can then appeal to an independent tribunal. You will be sent two copies of the Department for Work and Pensions (DWP) decision: the ‘mandatory reconsideration notice’. This will provide you with details of what form you can appeal with (the SSCS1, or the NOA1(SS) in Northern Ireland) and how to get it.

When you complete the appeal form, you should list all the descriptors you think apply to you (whether from the limited capability for work assessment or the limited capability for work-related activity assessment). The form will also ask if you want to attend an appeal hearing. You stand a much better chance of winning your case if you do. 

Appeal papers will then be sent to you. These will contain the report of the assessment that was used in making the decision. This will show you where you need to dispute it or identify where misunderstandings have occurred. Try to get medical evidence to back up your case. For example, you could get a letter from your GP confirming which descriptors they think apply to you. Send a copy of this evidence to the tribunal before your appeal hearing.

What if your condition gets worse before the appeal?

A tribunal can only look at how your condition was at the time of the decision you are appealing. To make sure you don’t miss out before the appeal is heard, tell the DWP that your condition has got worse and you would like them to look at your case again. If you have any medical evidence, send this to them. The DWP should then arrange a new work capability assessment. If you fail this assessment, you should also appeal against the new decision (after asking for a mandatory reconsideration).

More information on appeals

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