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The Appeal Hearing

The Tribunal may consist of one, two or three members. Each member has a particular expertise – in law, medicine, disability or finance. The number and combination of members depends on the type of case and are set by law.

Tribunals

Tribunals are independent and operate within a set of rules laid down by law and reach decisions on the basis of evidence. The hearing takes place around a table and the Tribunal will play an active part in the proceedings by asking questions to establish the facts of the matter. In appeals relating to disablement issues the questions asked will specifically relate to your medical condition, and how this affects your everyday life. These questions at times will be of an intimate or personal nature since the Tribunal must ascertain your precise care and/or mobility needs.

Please remember that even if you have a representative, the Tribunal will almost certainly want to talk directly with you, person to person, asking you questions and listening to what you have to say. The best evidence comes from a person giving their own account in their own words. Most appeal hearings last between half an hour and an hour.

Mechanical recording in sound, film, video or any other recording medium, of tribunal proceedings is not permitted. In particular, the use of tape recorders, digital recorders of sound and, or, vision, video and film cameras is forbidden in tribunal hearing rooms or any adjoining premises.

Where a medical issue arises in an appeal involving Severe Disablement Allowance or Industrial Injuries Benefit, the Tribunal may find it desirable, with your consent, to carry out a medical examination. If so, the examination will be conducted in private by the medical members of the Tribunal.

The Appeals Service (TAS) aim to provide you with a copy of the Tribunal’s decision within three days of your hearing.

Getting help

TAS staff who look after the administrative side of appeals are called “Clerks to the Tribunal”. They will handle your letters and telephone calls and deal with any queries about your appeal. What they cannot do is advise you whether you have a good case or not.

If you want advice about your case, or someone to help you present your case to the Tribunal, you should contact a Citizens’ Advice Bureau, Advice (NI), Law Centre, solicitor or your trade union. Please do not delay. Get advice at the earliest opportunity.

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