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Representative not attending the tribunal hearing
- Astrid03
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11 years 10 months ago - 11 years 10 months ago #108727 by Astrid03
Representative not attending the tribunal hearing was created by Astrid03
Going by advice in the guides on this site, I stated when preparing my appeal that I would like an oral hearing, if the decision went to tribunal. It's now going to tribunal and I'm currently housebound and unable to cope with a hearing; yet I've been advised that because I specifically asked for an oral hearing, it is most likely the tribunal will simply adjourn and give me another date to attend. I feel quite annoyed that the advice on here recommends asking for an oral hearing and states that you can later change your mind - it seems that is not the case and I will now have to go to the hearing, despite not being able to cope with it, mentally or physically.
Last edit: 11 years 10 months ago by Gordon.
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- Astrid03
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11 years 10 months ago - 11 years 10 months ago #108728 by Astrid03
Replied by Astrid03 on topic Representative not attending the tribunal hearing
After a lot of phone calls, I finally managed to get a representative from Money Matters. I felt this was important as the percentage of success rates as provided on this site suggest I would be much more likely to win my appeal with a rep. However, after numerous discussions with her and sending her all my paperwork, she informed me that they no longer attend tribunals with clients - apparently they have too many clients to do this, and all they are able to provide is a written report. I think I read on here that the success rate of going to a tribunal with a representative is around 70% - does anyone know what the success rate is without having your rep there?
Last edit: 11 years 10 months ago by . Reason: Tick.
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- Gordon
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11 years 10 months ago - 11 years 10 months ago #108732 by Gordon
Providing that you have submitted all of the evidence and submissions that you wanted to, all you have to do is write to the Tribunal Service asking for your Oral appeal to be held as a Paper Appeal, the hearing will be held without the need to attend and you will be informed of the result in writing.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Representative not attending the tribunal hearing
Astrid03 wrote: Going by advice in the guides on this site, I stated when preparing my appeal that I would like an oral hearing, if the decision went to tribunal. It's now going to tribunal and I'm currently housebound and unable to cope with a hearing; yet I've been advised that because I specifically asked for an oral hearing, it is most likely the tribunal will simply adjourn and give me another date to attend. I feel quite annoyed that the advice on here recommends asking for an oral hearing and states that you can later change your mind - it seems that is not the case and I will now have to go to the hearing, despite not being able to cope with it, mentally or physically.
Providing that you have submitted all of the evidence and submissions that you wanted to, all you have to do is write to the Tribunal Service asking for your Oral appeal to be held as a Paper Appeal, the hearing will be held without the need to attend and you will be informed of the result in writing.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 10 months ago by . Reason: edited OP name, due to name change.
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- Billy
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11 years 10 months ago - 11 years 10 months ago #108736 by Billy
Replied by Billy on topic Representative not attending the tribunal hearing
Hi Astrid
When the Tribunal clerk sent out your form for you to sign you would have been given an option if you wanted a oral or paper hearing
I stated to the Dm that i wanted a oral hearing, but when the clerk sent the form i chose a paper hearing
When the Tribunal clerk sent out your form for you to sign you would have been given an option if you wanted a oral or paper hearing
I stated to the Dm that i wanted a oral hearing, but when the clerk sent the form i chose a paper hearing
Last edit: 11 years 10 months ago by . Reason: edited OP name due to name change.
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- Gordon
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11 years 10 months ago - 11 years 10 months ago #108750 by Gordon
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The success rate for Oral hearing, ones which the claimant attends. are about 40% The statistic where a Representative attends is produced by the Welfare Advice agencies themselves, I have not seen one for one where they prepare the case but do not attend.
I would urge a note of caution when looking at the figure of 76%, they undoubtedly "cherry pick" the cases that they win, so the figure may be distorted.
We regularly have members who have successfully represented themselves at their Tribunal, the key is being prepared and presenting your case in a sensible fashion, if you look through the forum you will find plenty of examples, it is an unusual day when we do not have at least one positive result.
Have a look at the following
Our ESA Appeal guide
www.benefitsandwork.co.uk/help-for-claimants/esa
and the following FAQs
Is there any risk to challenging a decision?
How long do I have to appeal?
How to submit an appeal
ESA medical – what forms to ask for?
Qualifying for the WRAG
Qualifying for the Support Group
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
MOJ Video of ESA Appeals Process and Tribunal
If you have any questions on the above, please reply to this post.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Representative not attending the tribunal hearing
Astrid03 wrote: After a lot of phone calls, I finally managed to get a representative from Money Matters. I felt this was important as the percentage of success rates as provided on this site suggest I would be much more likely to win my appeal with a rep. However, after numerous discussions with her and sending her all my paperwork, she informed me that they no longer attend tribunals with clients - apparently they have too many clients to do this, and all they are able to provide is a written report. I think I read on here that the success rate of going to a tribunal with a representative is around 70% - does anyone know what the success rate is without having your rep there?
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
The success rate for Oral hearing, ones which the claimant attends. are about 40% The statistic where a Representative attends is produced by the Welfare Advice agencies themselves, I have not seen one for one where they prepare the case but do not attend.
I would urge a note of caution when looking at the figure of 76%, they undoubtedly "cherry pick" the cases that they win, so the figure may be distorted.
We regularly have members who have successfully represented themselves at their Tribunal, the key is being prepared and presenting your case in a sensible fashion, if you look through the forum you will find plenty of examples, it is an unusual day when we do not have at least one positive result.
Have a look at the following
Our ESA Appeal guide
www.benefitsandwork.co.uk/help-for-claimants/esa
and the following FAQs
Is there any risk to challenging a decision?
How long do I have to appeal?
How to submit an appeal
ESA medical – what forms to ask for?
Qualifying for the WRAG
Qualifying for the Support Group
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
MOJ Video of ESA Appeals Process and Tribunal
If you have any questions on the above, please reply to this post.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 10 months ago by . Reason: Edited OP name.
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- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 10 months ago - 11 years 10 months ago #108769 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
As Gordon has advised, there is a lot of cherry picking in this area. I am a former Welfare Rights Lawyer in local government ( now retired as I'm 72 years of age). I also sat on DLA Tribunals for over 10 years and although I never sat on IB/ESA Tribunals, the criteria is pretty much the same, although for ESA there are only two members, a Tribunal Judge (Lawyer) plus a medical member ( usually GP's) In IB/ESA, the Tribunal judge has the casting vote.
For DLA Tribunals, there are 3 members, Tribunal Judge, Medical Member and a Disability Specialist. All members are equal and the Tribunal Judge does not have the casting vote so decisions can be unanimous or majority 2-1, with the Medical Member and Disability Member being able to overrule the Tribunal Judge.
It's a well known fact with all Social Security Tribunals, that a poor representative can do more harm than good, since a Tribunal will virtually always direct it's questions to the appellant, not to the Rep and no one but the appellant knows more about their needs than anyone.
Hope this helps.
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Representative not attending the tribunal hearing
Astrid03 wrote: After a lot of phone calls, I finally managed to get a representative from Money Matters. I felt this was important as the percentage of success rates as provided on this site suggest I would be much more likely to win my appeal with a rep. However, after numerous discussions with her and sending her all my paperwork, she informed me that they no longer attend tribunals with clients - apparently they have too many clients to do this, and all they are able to provide is a written report. I think I read on here that the success rate of going to a tribunal with a representative is around 70% - does anyone know what the success rate is without having your rep there?
As Gordon has advised, there is a lot of cherry picking in this area. I am a former Welfare Rights Lawyer in local government ( now retired as I'm 72 years of age). I also sat on DLA Tribunals for over 10 years and although I never sat on IB/ESA Tribunals, the criteria is pretty much the same, although for ESA there are only two members, a Tribunal Judge (Lawyer) plus a medical member ( usually GP's) In IB/ESA, the Tribunal judge has the casting vote.
For DLA Tribunals, there are 3 members, Tribunal Judge, Medical Member and a Disability Specialist. All members are equal and the Tribunal Judge does not have the casting vote so decisions can be unanimous or majority 2-1, with the Medical Member and Disability Member being able to overrule the Tribunal Judge.
It's a well known fact with all Social Security Tribunals, that a poor representative can do more harm than good, since a Tribunal will virtually always direct it's questions to the appellant, not to the Rep and no one but the appellant knows more about their needs than anyone.
Hope this helps.
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 10 months ago by . Reason: edited OP name due to name change
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