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TOPIC: Advice on representation for my appeal

Advice on representation for my appeal 9 years 7 months ago #19223

  • MAGGIE
Hi, I have lodged an appeal with regards to my failed Med assessment, and have been advised should have an oral hearing sometime later this month. I have taken advise from a solictor who specialises in this area, and they have written to say they will be representing me. What I am asking, is although they have advised the tribunal that they are representing me, my solictor will not be attending as legal aid will not cover this, and that there would be no point in me trying to find the money, as they will not be able to speak for me. Am I able to ask my local CAB if someone could come with me, even though I have a solicitor who is preparing my submission, or do you know of any other organisation that I could ask, my local welfare rights and MIND advised they do not have anyone. I have always had difficulty speaking in front of people if I become nervous, and no matter how hard I try nothing will come out, I am dreading this happening in the hearing, what will happen if I cant speak? and am just sitting there mute!!! Will be grateful for any advise, on how I can get through this Thanks

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Re: Advice on representation for my appeal 9 years 7 months ago #19238

  • adam-ant
Maggie .. Sorry to hear of this problem, do you know anyone at all that is quite good at getting your points across. I know it is a last resort but in courts and more so in tribunals which are less restrictive, they can sit with you, advise you etc and from the Commissioners decision below it appears that they can also represent you. They are called McKenzie friends but the courts and tribunals prefer them to be called assistants.

In order to use a McKenzie friend, you simply tell the tribunal on the day or notify them in advance by letter, that you are not represented by anyone, and would like to have an “assistant” to help you with taking notes and occasional advice or even to represent you. It should be as straightforward as that

From Commissioner’s Case No: CS/1753/2000

11. Section 16 of the Social Security Act 1998 provides for the making of procedure regulations and section 16(3) states:

16(3) It is hereby declared –
(a) that the power to prescribe procedure includes power to make provision as to the representation of one person, at any hearing of a case, by another person whether having professional qualifications or not; etc

12. The main procedure regulations are the Social Security and Child Support (Decisions and Appeals) Regulations 1999. The relevant parts of regulation 49 provide as follows:
49(1) Subject to the following provisions of this Part, the procedure for an oral hearing shall be such as the chairman … shall determine.

49(7) Any party to the proceedings shall be entitled to be present and be heard
at an oral hearing.

49(8) A person who has the right to be heard at a hearing may be accompanied and may be represented by another person whether having professional qualifications or not and, for the purpose of the proceedings at the hearing, any such representative shall have all the rights and powers to which the person whom he represents is entitled.

49(11) Any person entitled to be heard at an oral hearing may address the tribunal, may give evidence, may call witnesses and may put questions directly to any other person called as a witness.

The main point is that the effect of regulation 49 is that (subject to proper behaviour and the proper conduct of the proceedings) a party has an unfettered right to be assisted or to be represented by any other person.

Good luck Maggie … AdamAnt

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Re: Advice on representation for my appeal 9 years 6 months ago #19817

  • MAGGIE
Hi, many thanks for your reply and advice, sorry for delay, have had my appeal date through, and am trying not to think about, stress levels going through roof. Thanks Maggie

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Re: Advice on representation for my appeal 9 years 6 months ago #19825

Sorry, away from home at present after long illness, however this link should help also HERE

Good luck.

Jim

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Re: Advice on representation for my appeal 9 years 6 months ago #19908

  • MAGGIE
Hi Jim, Thankyou for above, sorry to hear you have not been well and wish you a speedy recovery, this site offers so much support, I don't know what I would have done without it,so glad that I joined. Many thanks Maggie

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