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Oral vs. Paper Appeal

  • goldensyrup
  • Topic Author
13 years 10 months ago #19795 by goldensyrup
Oral vs. Paper Appeal was created by goldensyrup
When eventually I get a Tribunal hearing, it will have to be a PAPER HEARING. Due to the fact that I have an extreme fear of travelling, I can not go, and believe me I would LOVE to be able to after all the anxiety and stress I have been put through. I now live in Spain, and have not been able to visit my family for over 5 years now, although they do come here when they can. Also, I do not have anyone who could represent me. After over 2 years I would love to have gone in person and really "give-it-to-them", but this is impossible.

q.......

What are the advantages/disadvantages of a Paper hearing

Thank you :unsure:

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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13 years 10 months ago #19800 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:Oral vs. Paper Appeal
Hi,

The disadvantages is that the tribunal can only consider what's in the case papers, plus they don't get the chance to see you and ask questions.

Pretty much the same as DWP Decision Makers, so your chances of success are no more that what the DM made ( around 10%)

For oral hearings, the success rate is currently around 55%.

Hope this helps.

Jim

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

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13 years 10 months ago #19801 by papasmurf
Replied by papasmurf on topic Re:Oral vs. Paper Appeal
Jima1 wrote:

Hi,

For oral hearings, the success rate is currently around 55%.

Hope this helps.

Jim



Is any data available that differentiates between people who reprent themselves and those who are represented?

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  • goldensyrup
  • Topic Author
13 years 10 months ago #19806 by goldensyrup
Replied by goldensyrup on topic Re:Oral vs. Paper Appeal
Jima1 wrote:

Hi,

The disadvantages is that the tribunal can only consider what's in the case papers, plus they don't get the chance to see you and ask questions.

Pretty much the same as DWP Decision Makers, so your chances of success are no more that what the DM made ( around 10%)

For oral hearings, the success rate is currently around 55%.

Hope this helps.

Jim


Thanks Jim,

I have prepared my appeal with all doctors, psychatrists letters, Regulations, Law articles etc.

I don´t know what else to do. Do you think they will take into consideration the reason why I can´t attend. I have written appeal out in such as way that I have an Index page which should hopefully be self-explanatory and easy to follow.

What do you think.

p.s I was told that Oral appeals are about 55-70% successful and paper appeals about 30-40%, but I guess everyone has a different opinion.

Is there anything officially written down with the exact % figures?

Thank you

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13 years 10 months ago #19828 by Steve Donnison
Replied by Steve Donnison on topic Re:Oral vs. Paper Appeal
Hi goldensyrup,

Have you considered the possibility of an oral hearing via video-conferencing?

The technology certainly exists to do this and I'm reasonably sure we've had someone post on here before who had an appeal via videolink. I think a computer with a webcam would be sufficient to allow this to happen. Failing that, even being able to talk to the tribunal via a telephone conference call would be better than nothing.

It would certainly be a reasonable adjustment under the disability discrimination act to provide something like this.

I don't have any figures to hand re the difference between success at oral and paper hearings, but it certainly didn't used to be the case that success rates for paper hearings were as high as 30-40%. It really does hugely disadvantage a claimant if they can't answer the tribunal's questions in person and I wouldn't easily take no for an answer regarding some sort of alternative to appearing in person.

The tribunal service should be able to provide you with the msost recent stats re paper hearings and the DWP also publish stats on appeal results.

Papasmurf, there always used to be figures on represented and unrepresented appeals, so it's worth checking. Off the top of my head the difference wasn't huge - around about 10% more successful if represented. But bear in mind represenatives can include all sorts of people other than welfare rights workers.

Good luck,

Steve

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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13 years 10 months ago #19836 by papasmurf
Replied by papasmurf on topic Re:Oral vs. Paper Appeal
Steve Donnison wrote:

But bear in mind represenatives can include all sorts of people other than welfare rights workers.

Good luck,

Steve


Cheers but having represented myself at three tribunals and won, despite professionsals like the CAB and my union legal department stating I stood no chance, I am well aware that all sorts of people are representatives. ;)

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