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attending an appeal

  • stephano
  • Topic Author
12 years 4 months ago #75155 by stephano
attending an appeal was created by stephano
Hello,
do all claimants of esa have to
attend an appeal, if they request one?
Meaning, is attendance compulsory, or can
the claimant submit the relevant documentation, and await the outcome?

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  • Survivor
12 years 4 months ago #75156 by Survivor
Replied by Survivor on topic Re: attending an appeal
You can have a paper appeal if you prefer, and you may find that it happens sooner than a hearing at which you appear.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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12 years 4 months ago #75164 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: attending an appeal
As a former WRO, I would always advise claimants to attend a Tribunal in person where possible.

Statistics for all 'oral' hearings ( where the appellant attends) are much higher than what's called a 'paper hearing', where the appellant's claim can only be decided on case files before the Tribunal, whereas at an 'oral' hearing the appellant is seen by the Tribunal who can put questions to the appellant & vice versa.

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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  • stephano
  • Topic Author
12 years 4 months ago #75167 by stephano
Replied by stephano on topic Re: attending an appeal
Thanks,
so that would be a written request from the claimant, or does the claimant have to justify their absence from a tribunal.?

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  • stephano
  • Topic Author
12 years 4 months ago #75168 by stephano
Replied by stephano on topic Re: attending an appeal
As agoraphobia is one of my major difficulties, that is the reason for my query..not as an opt-out.

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12 years 4 months ago #75177 by Gordon
Replied by Gordon on topic Re: attending an appeal
stephano wrote:

Thanks,
so that would be a written request from the claimant, or does the claimant have to justify their absence from a tribunal.?

If you request a Paper hearing then there will be no expectation of your attendance, infact, you will not even know when the hearing is, so you need to ensure that all of your evidence and submissions are with the Tribunal Service, before making the request.

For an Oral hearing, your presence is expected and it is not unusual for a hearing to be postponed if the claimant is absent.

As Jim has stated, the win rate for an Oral hearing is significantly higher than that for a Paper hearing, perhaps four times more likely, so if it is feasible for you to attend, it could be well worth your while doing so.

Gordon

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