- Posts: 10
× Members
representative attending Tribunal
- jax5963
- Topic Author
- Offline
Less More
4 years 4 months ago #240754 by jax5963
representative attending Tribunal was created by jax5963
I attended a tribunal today as representative of claimant who can not attend due to physical and mental health problems. The Judge said that he can not proceed unless he could see or speak to claimant in person. This is not possible due to health. The Judge said the only other way for me to speak on claimants behalf would be to be the claimants appointee but the dwp would have to approve this. I telephoned the dwp and find that to be an appointee the dwp must visit claimants home and assess not only the claimant but myself as well. When i looked to find further information on becoming an appointee it seems that they will transfer the claimants benefits and any correspondance to me ( the appointee). We do not feel these steps are neccessary at this time. We only need the permission for me to act on claimants behalf. Is it possible to just have the appointee for the tribunal purpose only or does it have to be all or nothing
Please Log in or Create an account to join the conversation.
- Gary
- Offline
Less More
- Posts: 7237
4 years 4 months ago #240757 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic representative attending Tribunal
Hi Jacqueline
I am not sure why you have to be an appointee, I represented a claimant a few weeks ago without them being there and I was not an appointee, they had just come out of hospital, the tribunal stated they had all the relevant paperwork to make a decision, I was able to answer some of their questions, we were awarded the enhanced mobiity and std daily living which is what we had hoped for.
Gary
I am not sure why you have to be an appointee, I represented a claimant a few weeks ago without them being there and I was not an appointee, they had just come out of hospital, the tribunal stated they had all the relevant paperwork to make a decision, I was able to answer some of their questions, we were awarded the enhanced mobiity and std daily living which is what we had hoped for.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: jax5963
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51048
4 years 4 months ago #240759 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic representative attending Tribunal
Jacqueline
Did you ask permission to attend in place of the claimant before the hearing?
Ultimately, it is down to the panel and the Judge to decide whether they need to see the claimant or not, you have four options going forward.
1. The claimant attends, I realise that you say that this is impossible.
2. You ask for a domiciliary hearing, where either the panel attend at the claimant's home (unlikely) or the claimant attends the hearing via a video or phone link (more likely).
3. You switch to a Paper hearing where no one attends.
4. You challenge the Judge's ruling on the basis that it does not allow for a fair hearing. Are you a salaried Welfare Rights worker? Did you prepare the claimant's submission for the hearing? How often do you see the claimant? These questions will go to how well you can actually represent the claimant in their absence.
Gordon
Did you ask permission to attend in place of the claimant before the hearing?
Ultimately, it is down to the panel and the Judge to decide whether they need to see the claimant or not, you have four options going forward.
1. The claimant attends, I realise that you say that this is impossible.
2. You ask for a domiciliary hearing, where either the panel attend at the claimant's home (unlikely) or the claimant attends the hearing via a video or phone link (more likely).
3. You switch to a Paper hearing where no one attends.
4. You challenge the Judge's ruling on the basis that it does not allow for a fair hearing. Are you a salaried Welfare Rights worker? Did you prepare the claimant's submission for the hearing? How often do you see the claimant? These questions will go to how well you can actually represent the claimant in their absence.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: alisp
Please Log in or Create an account to join the conversation.
- jax5963
- Topic Author
- Offline
Less More
- Posts: 10
4 years 4 months ago #240763 by jax5963
Replied by jax5963 on topic representative attending Tribunal
I completed the ssc1 and wrote a seperate note to explain that the claimant would be unable to attend and that i would like to attend myself to represent him. I asked if that would be a problem but received no objection. In actual fact i had attended a previous hearing but it was cancelled due to not having enough time to hear the case. I am the claimants full time carer and have been for many years. I have tried to get someone to represent the claimant but there is no one available in our area. I just seem to be going through hoops and jumping hurdles at the same time.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51048
4 years 4 months ago #240765 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic representative attending Tribunal
Jacqueline
Unfortunately, the SSCS1 is not seen by the panel until they review the papers for the hearing which is not usually until the day before the hearing or two at best.
Gordon
Unfortunately, the SSCS1 is not seen by the panel until they review the papers for the hearing which is not usually until the day before the hearing or two at best.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: jax5963
Please Log in or Create an account to join the conversation.
- alisp
- Offline
Less More
- Posts: 108
4 years 4 months ago #240771 by alisp
Carer for a long-term ME/CFS sufferer
Replied by alisp on topic representative attending Tribunal
I read this and can't believe my eyes. Jacqueline, your case sounds almost the same as mine - there's no support locally, so I attended in my caree's absence and was refused a hearing too. Yet Gary has managed to attend a hearing without the person in question *and* got a good award out of it! It seems incredibly inconsistent - and unfair.
Jacqueline, my heart goes out to you - I hope you are successful.
Gordon - thank you for those comments: I had no idea that a domiciliary was a possible option, otherwise I wouldn't reluctantly have asked for a decision on the papers. And it would never have occurred to me to challenge the ruling. Obviously I need to go away and think about this - and keep an eye on this thread.
Jacqueline, my heart goes out to you - I hope you are successful.
Gordon - thank you for those comments: I had no idea that a domiciliary was a possible option, otherwise I wouldn't reluctantly have asked for a decision on the papers. And it would never have occurred to me to challenge the ruling. Obviously I need to go away and think about this - and keep an eye on this thread.
Carer for a long-term ME/CFS sufferer
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris