Frequently Asked Questions
Making an Appeal
Appeals are started by the appellant obtaining a 'Notice of Appeal' form. A copy of this form is available here: /sites/default/files/Notice%20of%20Appeal%20form.pdf. The 'Notice of Appeal' form should be returned to the Veterans Agency, which is a separate organisation from Pensions Appeal Tribunal. The 'Notice of Appeal' form explains the information needed to make an appeal. Once this form is completed and returned to the Veterans Agency, the Veterans Agency will prepare a collection of papers known as the "Statement of Case" and send a copy of these to the appellant, the appellant's representative (if one has been appointed) and to the Pensions Appeal Tribunal office in Edinburgh.
Where will my appeal by heard?
The Pensions Appeal Tribunals administration will arrange for your appeal to be heard in Edinburgh. If necessary, cases can be heard by Video conferencing or Telephone conferencing.
When will my appeal be heard?
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.
What is the date of my hearing?
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.
Do I have to attend my appeal hearing?
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.
Can I be represented at my appeal hearing by someone else or be accompanied by a representative?
You can be represented at your hearing by a nominated representative provided that the Pensions Appeal Tribunal Scotland is notified of this several weeks in advance of the hearing itself. In this situation, we would expect to be sent a written mandate which authorises your representative to attend on your behalf. You can also come to your hearing accompanied by your representative (and / or a companion if there is a particular medical reason why this is required). In both situations the Pensions Appeal Tribunal Office would require advance notice of these arrangements.
Can my escort claim for expenses?
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.
How can I withdraw my appeal?
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 inform the Tribunal office in Edinburgh.
How can I find out about the outcome of my appeal?
The Chairman will usually inform you of the decision at the end of your appeal hearing, Normally 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.
Can I appeal against the Tribunal's decision?
If your appeal is unsuccessful, you may apply for leave to appeal to the Upper Chamber of the Administrative Justice Tribunal, on a question of law. The application must be submitted within 6 weeks of the date of the decision.