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Top Decision Making and Appeals topic #33

Subject: "Expedited appeal hearings" First topic | Last topic
Amyswinn
                              

Freelance benefits trainer, Freelance Brighton
Member since
09th Feb 2004

Expedited appeal hearings
Mon 09-Feb-04 12:12 PM

Does anyone have any experience of getting appeal hearings expedited on health grounds?

I managed this years ago, but nothing recent - so completely out of touch.

Can anyone point me in the direction of any practice guidelines, or let me know how long they waited assuming they were successful (London area if poss)?

Thanks
Amy

  

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Replies to this topic
RE: Expedited appeal hearings, Matt_Brown, 10th Feb 2004, #1
RE: Expedited appeal hearings, Amyswinn, 10th Feb 2004, #2

Matt_Brown
                              

Welfare Rights Officer, Exeter Citizens' Advice Bureau
Member since
22nd Jan 2004

RE: Expedited appeal hearings
Tue 10-Feb-04 10:10 AM

Hi. I have used this tactic occasionally - usually in cases where there has been a total cessation of benefit (deprivation of capital etc). It depends where you are in the appeals process to some degree. If you have not yet received the Schedule of Evidence then you need to get the support of the DWP. If you can persuade them that an expedited hearing is necessary and they communicate that to TAS then it can happen fairly quickly. Especially if they get their bottoms in gear in producing the submission. However, you really need to talk to a decision maker about that as frontline staff often do not have any idea of the appeals process.

If you already have the appeal bundle but are just waiting for a date then you can contact TAS direct with a supporting letter from the GP or similar. If they refuse or don't even consider it then you can use Judicial Review, or at least the threat of it. There is a duty to at least use their discretion to consider the issue.

However, it's never cut and dried and you will need to make pretty convincing arguments.

Matt Brown
Exeter CAB

  

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Amyswinn
                              

Freelance benefits trainer, Freelance Brighton
Member since
09th Feb 2004

RE: Expedited appeal hearings
Tue 10-Feb-04 01:00 PM

Thank you Matt. That's how I thought things should work.

I did read somewhere that some guidelines about expedited hearings were going to be produced - but it doesn't look like they have. Now I can't even find where I read that!!

Amy

  

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Top Decision Making and Appeals topic #33First topic | Last topic