Setting out your argument in writing

You can set out your arguments for the tribunal in writing. This is called a ‘submission’. You do not have to do this, but it can help the people involved in your tribunal to focus on the matters that are important to you. You can simply go to the tribunal hearing and give your evidence orally instead of writing a submission.

To be successful at your hearing you need to show the tribunal that you meet the criteria for the benefit. By explaining in writing how you meet the criteria, you can make your situation clearer than if you only explained in person.

Try to avoid criticising the Department for Work and Pensions (DWP) or the service that assessed you. You should stick to facts, keep things neutral, and explain why the decision is wrong.

When writing your submission, do not feel that you have to complete it in one go. Splitting the submission into different issues and focusing on one at a time can help.

The tribunal panel will only look at evidence and examples about your condition at the time the decision about your benefit was made. For example, if the DWP made their decision in December 2016 and your hearing is in May 2017, the tribunal can only think about how your health affected you in December 2016. If your illness has got better or worse since then, try to think about how it was at that time.

Tips for writing your submission

Top tips:

• Look at the criteria for the benefit you are applying for,
• Explain what you disagree with the DWP’s/ LA’s decision and why,
• Split up your submission so that it deals with each of your points one-by-one,
• Point out supporting evidence that backs up your argument, and
• Write in plain, simple English and don’t use legal jargon. It should be clear and make sense.

Always send your submission to the tribunal service before the hearing.

If you decide not to make written submissions, try to make notes before the appeal hearing and take them with you so that you remember everything you want to say. It can be easy to forget something important because of the stress of a hearing.