Welfare Rights Officer, Derbyshire County Council Welfare Rights Service Member since 25th May 2005
grounds for appeal Wed 06-Feb-08 03:17 PM
I have had an IB appeal treated as not duly made on the basis that it does not contain sufficient grounds. The grounds were minimal in that I simply listed the descriptors which I felt had not been applied which should have been. This was in response to being asked to provide grounds as none had been provided intially - the claimant had done that bit not me!
Can anyone help point me to case-law dealing with what constitues satisfactory grounds. I am not sure I have seen anything for a while although I do seem to remember Commissioners decisions from along time ago saying that the requirement was not to treated as onerous, i.e. as claimants cannot be expected to understand proceedings and rules in much detail - although to what extent this is true for me seems to be a live issue!
Welfare Rights Officer, Derbyshire County Council Welfare Rights Service Member since 25th May 2005
RE: grounds for appeal Thu 07-Feb-08 01:06 PM
Just in case anyone is looking for case-law - no need now. Panic over! Tribunal Chair had not rec'd my reasons for appeal when made decision and has now accepted the reasosns as a valid second appeal against the decision - we think! Anyway, appeal going ahead.
I was shocked when this happened yesterday and was convinced, as appeals officer assured me that my letter had gone to Tribunal Service and decision had taken it into account. Lesson is that I should check things out fully and not just take the word of appeals office - wonderful though they are .