Representative not attending the tribunal hearing

Astrid03 wrote: I'd requested an oral hearing as recommended but am now mostly housebound as I'm in a lot of pain - I've done something to my back and it's been a real problem, which has also affected my levels of exhaustion (I have M.E.) I think there's a really good chance I won't manage to attend the tribunal on the 12th, but my rep keeps saying that as I asked for an oral hearing they will likely just adjourn and give me another date. My benefit claims have been going on since December and I'm so stressed out. I suffer from anxiety and depression, and all this additional stress and pressure is flaring those up. Does anyone know if I can ask for the decision to be made in my absence, or am I stuck with going to the hearing now? Any advice much appreciated.

You should be aware that paper hearings have a much less chance of success than an oral hearing, since all the Tribunal have to rely on is evidence in your case bundle and reach a decision accordingly. At an oral hearing the Tribunal can ask you questions face to face, and often ask you to clarify or amplify what you've written on your claim form.

However, despite asking for an oral appeal, you have the right to have it changed to a paper hearing at anytime, right up to the date of your hearing. If the Tribunal decide that an oral hearing would give you a better chance of winning your appeal, then they may adjourn and The Clerk to the Tribunal will write to you and offer you a date for an oral hearing. However, you cannot be forced to attend, so if this happens and you still wish to have a paper hearing, then contact the office that sent the letter and let them know.

Although from my experience it's always better to attend if possible, but I can assure you that the Tribunal will read your case papers as thoroughly as they do for oral hearings.

If at all possible, opt for an oral hearing. I cannot quote statistics for IB/ESA as they are not my field of expertise, but for DLA Tribunal paper hearings the current success rate is around 15%, compared with a 55% success rate for oral hearings.

Sometimes a Tribunal can be held in the appellant's home, called a domiciliary hearing but you would need strong medical evidence to support this. To put things into perspective, in the ten years I sat on DLA Tribunals, I only ever sat on 3 domiciliary hearings.

Whatever you decide, best of luck.

I was in the same situation with M.E. I had requested an oral hearing but I decided for the sake of my health not to attend. I just sent the appeal court clerk a letter the week before and requested that the tribunal hearing went ahead in my absence and that I asked that they would notify me of the outcome- which they did promptly after the hearing.