PIP Appeal procedure

Fedup wrote: Today my son saw a leading welfare benefits advisor at Citizens Advice Bureau. She told him I do not need to attend but he does and so would another person knowing my case. She said nothing about a representative being qualified doctor etc..? confused

Your son is not a trained representative if he were then the Judge may allow it, but I think it unlikely in the extreme that they would someone with no experience of Tribunal procedure to attend without the claimant. You can certainly ask the Clerk of the Court if the Judge would accept this situation, but I would be very surprised if they did and would also say that it may not be to your advantage for this to happen. Being badly represented can be far worse for your case than having no representation.

Gordon

Fedup wrote: Gordon are you sure I have to attend on skype or phone? only CAB told my son different today they told him he can represent me

The use of Skype or the phone was merely an option to allow you to "attend" without having to do so physically, in all likelihood the court will not have the support for this anyway.

Gordon

Fedup wrote: HI Gordon when you say a professional representative is only allowed to represent me, please explain who you mean? ie. Who will the tribunal hearing allow to represent me in my place?

First of all, I am not saying that only a professional representative is allowed to represent you, what I am saying is that in the situation you are creating, it is likely that only a trained representative would be allowed, but I am not convinced that even this would be allowed.

You seem to have misunderstood the fundamental reason for an Oral hearing to be heard, which is for the panel to be able to question the claimant, if the claimant is not there then they cannot do this and what I am saying is that it is unlikely that they will accept your son as a substitute.

There are a number of reasons for this.

- Your son does not have legal authority to act on your behalf.

- Your son will have no understanding of Tribunal procedure and the court will have expectations of a representative in this situation that he will not be able to meet.

- As a relative, there will a concern about the accuracy of his testimony which cannot be offset, as it would normally, by the panel questioning the claimant.

- Any information that your son provides that is not documented in your submission will carry less weight, as again the panel cannot verify it.

It is your decision to proceed in this manner, but if you do then you need to inform the court in advance, your son turning up on his own on the day, could have a significant and negative impact on your appeal.

Gordon

Fedup

I'm sorry to hear that your appeal was unsuccessful.

Did you contact the court about your son attending in your place or a domiciliary or a hearing to be heard over the phone?

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Gordon