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How to expedite appeal hearings for terminal clients?
Hi All
I need some advice as to how to best expedite an appeal hearing. We have a client with a terminal lung condition, he has just been awarded ER DL and Mob under DS1500 rules as we submitted a new PIP claim, his prognosis is not good, and he has a pending appeal which still has not got a hearing date, in fact, we have not even received a bundle but we have sent in a submission early asking that his case be expedited. His claim was made in January 2022 and SSCS1 was submitted by us in June 2022. So far there has been no response, does anyone know if there is anyone we can contact in particular? Just sent everything to the standard email addresses that we have so far.
Thank you for any help
Helen
You should have at least received an email that confirms the appeal was lodged. That will also have generated an appeal reference number. If you don’t know already, telephone the main HMCTS benefit appeals contact number with that reference number to ask which appeals centre has the appeal. Write to that appeals centre with a request for directions that there is an expediated hearing.
The underlying issue being that if there aren’t enough clerks then all processes fall apart regardless of what “ought” to happen.
This is an appeal which could be heard quickly if you provided enough to make up appeal papers e.g. chronology; claim pack; HCP report if obtained; other evidence; decisions etc. DWP can then be bypassed in terms of waiting for papers and indeed I have had HMCTS ask me to do exactly this on appeals where they cannot get anything out of DWP. So, be proactive and compile your own appeal papers now.
Ideally you would want a judge to direct an expedited hearing but to get to a judge you need to get through a clerk and if there aren’t enough then nothing happens. Bearing that in mind I would write directly to your Regional Judge and ask them to direct the expedition of the appeal; explain what you have in place etc.