Key Must-Haves for a DLA Mandatory Reconsideration (MR) and Appeal

Close up photo of a caucasian man's hands checking a document with a fountain pen in his hand and the judge's gavel next to him.

1. The DLA Decision Letter

• You must have the original decision notice showing:

  • The award given (or refused)

  • Reasons for the decision

  • The date of the decision (important for deadlines)

  
  

2. Deadline Awareness

• 1 month from the date on the decision letter to request MR.

• You can ask for a late MR with reasons, but it is not guaranteed.

3. Detailed Written Explanation of Why the Decision Is Wrong

This should explain:

• Which parts of the decision you disagree with

• What the correct outcome should be

• Why the child/adult meets the DLA criteria

Use real-life examples focusing on:

• Attention needs

• Supervision needs

• Care needs (day and/or night)

• Mobility difficulties (physical or developmental)

4. Updated Medical or Professional Evidence

Gather evidence that supports how the condition affects daily living. Examples:

• GP letters

• Consultant reports

• OT/physio reports

• CAMHS or educational psychologist reports

• SEN school reports

• Behavioural logs / incident reports

• Hospital discharge letters

• Medication lists

Important: Evidence should describe the functional impact, not just the diagnosis.

5. A Detailed Care Diary (Highly Recommended)

Keep a diary for at least 1 week showing:

• All the help needed

• How often you intervene

• Difficulties experienced

• Night-time needs

• Episodes, meltdowns, falls, toileting problems, monitoring, etc.

DLA is based on extra care or supervision needs compared to a typical child of the same age.

6. Clear Breakdown of Care Needs

For DLA, you must map issues to the actual DLA descriptors, such as:

Care Component

• Attention needed repeatedly

• Frequent intervention to prevent danger

• Medication supervision

• Help with washing, dressing, eating, toileting

• Night-time watching-over or frequent disturbances

  
  

Mobility Component

• Physical walking difficulties

• Severe mental impairment

• Disorientation

• Behavioural issues leading to danger outdoors

• Difficulties following directions

• Refusal or inability to walk consistently

Try an reference these as much as possible and for every DLA 'bodily function'. If you can cross reference with supporting evidence, it helps to build a detailed picture of your child's struggles based on the all important DLA reliability criteria and gives you a robust foundation in order to move forward to appeal from MR, if necessary.

7. Your Own Supporting Statement

A written statement explaining:

• Daily routine

• Challenges and risks

• The support required

• How your child/adult is different from others their age

Key Must-Haves for a DLA Appeal (Tribunal Stage)

If the MR is unsuccessful, you move to an appeal (SSCS1 form or online).

1. Mandatory Reconsideration Notice

You must attach the MR decision letter.

2. Completed SSCS1 Form (or Online Equivalent)

Make sure it includes:

• The decision being appealed

• Reasons for the appeal

• Preference for an oral hearing (strongly recommended — success rates higher)

  
  

3. Full Evidence Bundle

Include anything not already submitted, such as:

• Updated medical evidence

• Behaviour diaries

• Specialist letters

• School/SEN documentation

• Witness statements (teachers/ carers, etc.)

Only submit the evidence that is relevant to your child's needs and struggles. For example, instead of submitting a 30 page cognitive assessment, you can submit the sections that hold relevancy. Normally, there is a section in reports which summarises the key points of the assessment / report and this can be submitted instead if you feel that it covers everything the decision makers need to know. Remember, every page has to be read and if you are submitting hundreds of pages of evidence, it makes it much harder for decision maker to decipher what is important and what is not.

4. A Clear Appeal Submission

A structured document that:

1. Summarises the condition

2. Explains the relevant DLA tests

3. Shows where the DLA decision-maker made errors

4. Links real examples to DLA criteria

5. Highlights safety risks and night-time needs

6. Explains the mobility issues clearly

5. Chronology / Timeline of Events (optional but helpful)

This can show:

• Onset of condition

• Key medical appointments

• Changes in care needs

6. Evidence of Consistency

Your diary, reports, statements should tell the same story. Make sure you read through your submission before sending it to ensure that any discrepancies are removed.

7. Preparation for Oral Hearing

Be ready to:

• Describe the worst days, not the best ones. Use the terms 'bad day' and 'worse day' if this applies to your child, because even a good day for them can be on par for with a bad day for other children who do not have their condition.

• Give real-life examples of risks or episodes

• Explain variability clearly (e.g., “3–4 bad days a week”)

• Answer questions on night-time needs, behavioural issues, danger, etc.

✅ QUICK CHECKLIST (copy-friendly)

For MR

• Decision letter

• Written MR request

• 1-week+ care diary

• Medical evidence

• School/SEN evidence (if child)

• Detailed explanation linked to DLA criteria

• Night-time needs explained

• Real-life examples of dangerous situations

• Evidence showing difficulties are longstanding

For Appeal

• MR notice

• SSCS1 appeal form

• Full evidence pack

• Updated statements

• Chronology

• Request oral hearing

• Organised submission document

If you need any help preparing for your child's DLA Mandatory Reconsideration or Appeal, please feel free to get in touch. You can email maria@benefitiaforms.co.uk or visit my website benefitiaforms.co.uk for more information.