|
Appeals are started by the appellant obtaining a form from the Veterans Agency who is a separate organisation from Pensions Appeal Tribunals. The Veterans Agency form must be used as it explains the information needed to make an appeal. The form would be returned to the Veterans Agency. The Veterans Agency will prepare a collection of papers known as the "statement of case". The Veterans Agency will send a copy of these papers to the appellant, the appellant's representative if one has been appointed and to the Pensions Appeal Tribunals administrative headquarters in London.
The Pensions Appeal Tribunals administration will arrange for your appeal
to be heard in Edinburgh. However, domiciliary visits can be arranged if the
Appellant is unable to travel to Edinburgh.
Appeals are listed in accordance with the date that they were received
within the office. The average
waiting time for an appeal to be heard is usually around 2 - 3 months from
the date we receive the appeal. We
are actively working to improve our services and reduce the waiting time even
further.
Once
we have arranged for your appeal to be heard, we will send you a 'Notice of
Hearing,' within which we will inform you of the date, time and place. We will
also inform your representative of the hearing details (if applicable). NB.
If you change address, we must be notified as soon as possible, so that we
send your hearing notice and any other correspondence to the correct address.
Anybody who has an appeal
has the right to attend his or her hearing. You also have the right to request
that your appeal is heard in your absence. There is a standard form that
needs to be completed and signed, so that the Tribunal can proceed in your
absence.
In order for your escort's expenses to be reimbursed, we will require
a letter from your Doctor, confirming that you will need an escort. Once
this has been received, the Chairman will authorise your escort's expenses
on the day of your appeal hearing. Your escort will be unable to claim expenses
unless a Doctor's letter has been approved.
The general procedure for withdrawing your appeal is to write to the
Veterans Agency, so that they may advise us to strike out your appeal. Alternatively,
you may complete one of our withdrawal slips - available on the Forms & Leaflets
page - and return this to us so that we may strike out the appeal.
The Chairman will usually inform you of the decision at the end
of your appeal hearing, if you so request, but it is at his or her decision
whether they do so. A written decision will be sent to you through the post
within 10 days of your hearing date. If you do not receive a copy or wish
to have a replacement, all requests should be made in writing. We are unable
to provide you with the decision over the telephone.
If your Entitlement appeal is disallowed, then
you may apply for Leave to Appeal. This must be submitted within 6 weeks of
the date of the decision. If your Assessment appeal is disallowed,
then you can ask the Veterans Agency to review your assessment if you
think that your condition has worsened. Their decision will give you fresh
rights of appeal.