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TOPIC: Oral vs. Paper Appeal

Oral vs. Paper Appeal 9 years 6 months ago #19795

  • goldensyrup
When eventually I get a Tribunal hearing, it will have to be a PAPER HEARING. Due to the fact that I have an extreme fear of travelling, I can not go, and believe me I would LOVE to be able to after all the anxiety and stress I have been put through. I now live in Spain, and have not been able to visit my family for over 5 years now, although they do come here when they can. Also, I do not have anyone who could represent me. After over 2 years I would love to have gone in person and really "give-it-to-them", but this is impossible.

q.......

What are the advantages/disadvantages of a Paper hearing

Thank you :unsure:

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Re:Oral vs. Paper Appeal 9 years 6 months ago #19800

Hi,

The disadvantages is that the tribunal can only consider what's in the case papers, plus they don't get the chance to see you and ask questions.

Pretty much the same as DWP Decision Makers, so your chances of success are no more that what the DM made ( around 10%)

For oral hearings, the success rate is currently around 55%.

Hope this helps.

Jim

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Re:Oral vs. Paper Appeal 9 years 6 months ago #19801

Jima1 wrote:

Hi,

For oral hearings, the success rate is currently around 55%.

Hope this helps.

Jim



Is any data available that differentiates between people who reprent themselves and those who are represented?

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Re:Oral vs. Paper Appeal 9 years 6 months ago #19806

  • goldensyrup
Jima1 wrote:

Hi,

The disadvantages is that the tribunal can only consider what's in the case papers, plus they don't get the chance to see you and ask questions.

Pretty much the same as DWP Decision Makers, so your chances of success are no more that what the DM made ( around 10%)

For oral hearings, the success rate is currently around 55%.

Hope this helps.

Jim


Thanks Jim,

I have prepared my appeal with all doctors, psychatrists letters, Regulations, Law articles etc.

I don´t know what else to do. Do you think they will take into consideration the reason why I can´t attend. I have written appeal out in such as way that I have an Index page which should hopefully be self-explanatory and easy to follow.

What do you think.

p.s I was told that Oral appeals are about 55-70% successful and paper appeals about 30-40%, but I guess everyone has a different opinion.

Is there anything officially written down with the exact % figures?

Thank you

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Re:Oral vs. Paper Appeal 9 years 6 months ago #19828

Hi goldensyrup,

Have you considered the possibility of an oral hearing via video-conferencing?

The technology certainly exists to do this and I'm reasonably sure we've had someone post on here before who had an appeal via videolink. I think a computer with a webcam would be sufficient to allow this to happen. Failing that, even being able to talk to the tribunal via a telephone conference call would be better than nothing.

It would certainly be a reasonable adjustment under the disability discrimination act to provide something like this.

I don't have any figures to hand re the difference between success at oral and paper hearings, but it certainly didn't used to be the case that success rates for paper hearings were as high as 30-40%. It really does hugely disadvantage a claimant if they can't answer the tribunal's questions in person and I wouldn't easily take no for an answer regarding some sort of alternative to appearing in person.

The tribunal service should be able to provide you with the msost recent stats re paper hearings and the DWP also publish stats on appeal results.

Papasmurf, there always used to be figures on represented and unrepresented appeals, so it's worth checking. Off the top of my head the difference wasn't huge - around about 10% more successful if represented. But bear in mind represenatives can include all sorts of people other than welfare rights workers.

Good luck,

Steve

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

Re:Oral vs. Paper Appeal 9 years 6 months ago #19836

Steve Donnison wrote:

But bear in mind represenatives can include all sorts of people other than welfare rights workers.

Good luck,

Steve


Cheers but having represented myself at three tribunals and won, despite professionsals like the CAB and my union legal department stating I stood no chance, I am well aware that all sorts of people are representatives. ;)

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