× Members

Oral hearing change from paper hearing by the Court

More
1 year 10 months ago #278166 by purifiedflux
Dear Fellow members,

I have just received a letter from the Court that they are changing my hearing from 'paper' to 'oral' hearing. This has caused me so much stress as I did not want to engage in oral hearing. Plus it wasn't my preferred option.

Please, could you advise me what I can do as the Judge clearly can't decide without having an oral hearing.

Is there anything I can do to 'push back'?

I wanted the Court to look into the evidence (which I have 500 pages). DWP only offered me standard rates for both elements of PIP.

I am so worried that that I will now be in a worse position (I get really shaky speaking to people I don't know especially Court!!! nor have I have any representatives!!!).

I would greatly appreciate your help on this - do you think it is still possible to move the oral hearing back to paper / give my reasons why etc? Has anyone been in my shoes before and could help me?

Thank you in advance!
Alex

Please Log in or Create an account to join the conversation.

More
1 year 10 months ago #278168 by BIS
Hi purifiedflux

I'm sorry that you find yourself in this position. I would contact the Tribunals service if you can, ask the reason for the change, and say that you would be unable to take part and would like them to continue with a paper-based decision.

BIS

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

Please Log in or Create an account to join the conversation.

More
1 year 10 months ago #278179 by purifiedflux
Replied by purifiedflux on topic Oral hearing change from paper hearing by the Court
Thank you so much, BIS. I'll definitely give them a call.

Just to add that DWP already offered me standard rates but the only reason I went to the Tribunal was to check that their award was accurate and so I opted in for a paper hearing!

There's plenty of medical evidence, 500 pages, proper grounds etc. so I don't get what more they want!

Would it be valid to say that they switched this to oral hearing because it is 'more convenient' for them / would make their job easier? That way disrespecting my preference? Do you think that is a valid point?

Thank you for your help!
Alex

Please Log in or Create an account to join the conversation.

More
1 year 10 months ago #278187 by greekqueen
Hi Alex, it may be that they need to clarify some things they don't understand from your paperwork, nothing to worry about.

It is within your rights though to say you want a paper based tribunal only as it would cause overwhelming stress and they will just have to make the most of things and try to make the best decision they can.

Good luck

Greekqueen

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

Please Log in or Create an account to join the conversation.

More
1 year 9 months ago #278203 by purifiedflux
Replied by purifiedflux on topic Oral hearing change from paper hearing by the Court
Dear Greekqueen,

Thank you very much for your kind help.

I have called the Tribunal and they said I should 'put this in writing' that I wish to continue with a paper hearing.

I will note in my letter that it will cause me overwhelming stress due to my longstanding mental health conditions.

Do you have any recommendations I should add to the letter to make it sound formal and to highlight the seriousness of the request / point out anything else to them so they honour my preference?

Many thanks again for your support.
Alex

Please Log in or Create an account to join the conversation.

More
1 year 9 months ago #278216 by BIS
Hi Purifiedflux

Just say that it would cause you overwhelming psychological distress to have an oral hearing, and you would be unable to give a good account of yourself. Add a sentence that you believe that they have sufficient information to make a decision.

BIS

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

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid