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Reconvened tribunal & procedings of adjourned one
- 25megroup
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5 years 8 months ago #216069 by 25megroup
Replied by 25megroup on topic Reconvened tribunal & procedings of adjourned one
Thank you Gordon. I am referring to the second hearing i.e. the one on the basis of which decision was made
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- Gordon
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5 years 8 months ago #216071 by Gordon
What matters is whether the panel's questioning was reasonable in regard to the appeal being made and the evidence that is available, using a deliberately silly example; if the panel spent their time asking questions in regard to the Daily Living component and the appeal was for the Mobility component then this is potentially an issue that could be pursued.
Does the panel have to reveal the intention of their questions, the obvious answer is no and I don't think the claimant being unaware of that intent is reason to challenge the credibility of the Decision.
Tribunals are not adversarial as in a criminal case, the "prosecution" does not make their arguments and then the "defence" rebutts them, Social Security Tribunals are inquisitory, this means that the panel ask the questions that they feel are relevant, the claimant should then be given an opportunity to deal with any issues that they feel have been misunderstood or not covered by the panel.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Reconvened tribunal & procedings of adjourned one
25% ME Group wrote: Thank you Gordon. I am referring to the second hearing i.e. the one on the basis of which decision was made
What matters is whether the panel's questioning was reasonable in regard to the appeal being made and the evidence that is available, using a deliberately silly example; if the panel spent their time asking questions in regard to the Daily Living component and the appeal was for the Mobility component then this is potentially an issue that could be pursued.
Does the panel have to reveal the intention of their questions, the obvious answer is no and I don't think the claimant being unaware of that intent is reason to challenge the credibility of the Decision.
Tribunals are not adversarial as in a criminal case, the "prosecution" does not make their arguments and then the "defence" rebutts them, Social Security Tribunals are inquisitory, this means that the panel ask the questions that they feel are relevant, the claimant should then be given an opportunity to deal with any issues that they feel have been misunderstood or not covered by the panel.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gordon
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5 years 8 months ago #216072 by Gordon
What matters is whether the panel's questioning was reasonable in regard to the appeal being made and the evidence that is available, using a deliberately silly example; if the panel spent their time asking questions in regard to the Daily Living component and the appeal was for the Mobility component then this is potentially an issue that could be pursued.
Does the panel have to reveal the intention of their questions, the obvious answer is no and I don't think the claimant being unaware of that intent is reason to challenge the credibility of the Decision.
Tribunals are not adversarial as in a criminal case, the "prosecution" does not make their arguments and then the "defence" rebutts them, Social Security Tribunals are inquisitory, this means that the panel ask the questions that they feel are relevant, the claimant should then be given an opportunity to deal with any issues that they feel have been misunderstood or not covered by the panel.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Reconvened tribunal & procedings of adjourned one
25% ME Group wrote: Thank you Gordon. I am referring to the second hearing i.e. the one on the basis of which decision was made
What matters is whether the panel's questioning was reasonable in regard to the appeal being made and the evidence that is available, using a deliberately silly example; if the panel spent their time asking questions in regard to the Daily Living component and the appeal was for the Mobility component then this is potentially an issue that could be pursued.
Does the panel have to reveal the intention of their questions, the obvious answer is no and I don't think the claimant being unaware of that intent is reason to challenge the credibility of the Decision.
Tribunals are not adversarial as in a criminal case, the "prosecution" does not make their arguments and then the "defence" rebutts them, Social Security Tribunals are inquisitory, this means that the panel ask the questions that they feel are relevant, the claimant should then be given an opportunity to deal with any issues that they feel have been misunderstood or not covered by the panel.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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