Appeals – submission timescales

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  • #21358
    Salmond1
    Participant

    I would be grateful if anyone lucky enough to be dealing with appeals could give me some quick feedback regarding timescales for submitting cases to the Tribunal Service.

    On average how long does it take:

    1. To do a straight forward subimssion? (OP, Non-com)
    2. To do a complex submission? (appellant using caselaw in argument)

    Please humour me as one of the big boss’s feels as Appeals Officer I dont do enough work!!! 😆 They should try it!!!

    #5098
    Karen
    Participant

    LOL – folk say that all the time about Appeal Officers 😆 They haven’t a clue what is involved in a submission.

    In an ideal office with a straightforward case where all the proofs / forms / letters are available, it can take a day or two, depending on the size of the overpayment, because as you know, you have to be able to show the previous award, new award and the subsequent opayment. (that in itself can take up a good chunk of time – before you even get to the writing of the submission 😕 )

    on a complex one – you can expect to be on it for a week, or in some cases two weeks, as you have to do all the research for CDs that are relevant and gather all the relevant papers.

    The thing with preparing appeal cases are that they are all different depending on the circs – so even those that you think are going to be simple can end up being complex as you have to ensure that every regulation that applies to the case has been used correctly and that every decision has been issued correctly, in fact, you have to ensure that every ‘i’ has been dotted and every ‘t’ crossed.

    As the time goes by the Tribunal chairs are more becoming more aware of the law regarding decision making and will criticize you on the most most basic mistake – so it can be time consuming to ensure that the most basic opay decision has be made correctly

    All this is of course without the usual interruptions!! 😀

    #5099
    lyndah
    Participant

    I work on the basis of 3 – 4 hours for very simple ones (DIPS has helped alot withi this as I do not have as much photocoping and making sure that you put things back in correct order!).

    The more complex ones which are the exception rather then norm can take up up to 2 days to do. I have only ever had one that has taken more than 1 day.

    I use to use CD etc alot but got to the point that where I was relying on the same ones , especially as my appeals are generally backdating and ops.

    It may be that I don’t go into real lengthy submissions as this is only part of my job!

    Also it helps if the original decision and SOR are sound and state the law as this does save time……so good training for officers doing these functions go a long way.

    Obviously much depends on the caseload and the types of appeals.

    #5100
    Karen
    Participant

    Hey Lynda, I want to come to your LA.

    As Lynda said, it all depends on your caseload, but my appeals tend to be in excess of 150 pages more as the norm. I have found that the appeals now are more complex because the majority of them are coming from fraud adjudications where there is a lot of evidence supporting the relevant decisions.

    There is no hard or fast rule on how long one submission would take to compile, as we all do them slightly differently. but you should try and let them know how much work is involved – I have given a link to a ‘preparing appeal submission’ guidance, that is available here on hbinfo, if the link doesn’t work, just cut and paste it into your search bar

    https://hbinfo.org/menu6/appsub.shtml

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