Pensions Appeal Tribunals

Appeal Process

MAKING AN APPEAL

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.


Question Where will my appeal by heard?

Answer 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.

 

Question When will my appeal be heard?

Answer 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.

 

Question What is the date of my hearing?

Answer 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.

 

Question Do I have to attend my appeal hearing?

Answer 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.

 

Question Can my escort claim for expenses?

Answer 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.

 

Question How can I withdraw my appeal?

Answer 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.

 

Question How can I find out about the outcome of my appeal?

Answer 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.

 

Question Can I appeal against the Tribunal's decision?

Answer 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.