Representative not attending the tribunal hearing

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.

Gordon wrote:

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

Thanks Gordon, I will try faxing them a letter stating I would prefer a paper hearing now. Fingers crossed they let me have that.

Bud wrote: 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

I'd said oral hearing as I thought that was the advice on here, and at the time I wasn't in as much pain with my back. Now that the date is getting closer (and my request to have the tribunal postponed was refused) it's a lot less likely I will be able to attend. I really hope they'll let me change my decision now.

Thanks for the replies. It looks like I might not be able to attend the hearing due to my health, and when I spoke to someone at the courts & tribunals, they said my rep could go in my place. Unfortunate she won't be going at all even if I am! Very disappointing. After a month of having my paperwork she said she'd 'had a quick look' at it, and we've talked on the phone a couple of times but that's it.

Hi A03,

I have merged your 3 topics for continuity.

Please try and stay on the one topic thread, it helps the Mods, as they can then see what advice has previously been given.

bro58