Can someone advise on a constructive way forward as i want to raise hell (which wont get me anywhere!)

My client appealed IB decision in January, completed all paperwork and awaited appeal. I became involved in Septemeber when she was told the appeal had lapsed in March and she faced a large overpayment where IS was being paid in error. I corrected that and requested the appeal be re-considered as she wasnt ever notified.

The appeal was allowed. On the 14th Decemeber we recieved a form and stated we would like to be present at the appeal. Today client calls and says that the appeal was heard on the 11th Decemeber and suprise suprise they found against her! As neither she or i had been informed before hand, and the paperwork came through four days later how can this be fair?

Can anyone suggest a calm response to challenge this as i am at boiling point at the restrictive practice i feel is happening.

Tribunal service had clearly got this down for a paper hearing - not sure about any "restrictive practice" - and you'll find it easy enough to get decision set-aside and a new hearing.

When you say "we" received a form - are you sure your client didn't also receive the enquiry form and then asked for a paper hearing?

Hello,

Try asking the Chair to set aside under reg 57 D&A regs - a party to the procedings (or their representative) was not present at the hearing. Assuming she asked for an oral hearing the set aside should be relatively straightforward.

Hope this is useful.

I also do just wonder if you have two appeals going on - one the revision of the entitlement decision and one the actual recoverability of the overpayment decision. This is not uncommon as a source of confusion.

Hello,

Thanks for your replies. To clarify the position:

* Client recieved the paperwork and requested an oral hearing, which was posted back by myself the same day. The reply which crossed it in the post said an appeal had taken place before we recieved the paperwork so we had no oppertunity to make said representation.

* The overpayment issue was quickly written off as i contacted their team and explained the circumstances - I put it in the blogg to illustrate the situation fully.

Once I had calmed down! I contacted the tribunal service who said that because there is a backlog of mail in Nottingham since the postal strike, delays are common at present. If they dont find a reply, an appeal on paper is heard with no further warning.

However, the appeals service should willing to set aside the appeal and start again with this. I would advise people to fax accross their appeals paper work to avoid this happening to your clients.