Appeal tribunals
Appeals are heard by an independent tribunal administered by Her Majesty’s Courts and Appeals Service. Tribunals are made up of qualified members who are not from DWP. The tribunal can only look at the:
- evidence,
- law, and
- circumstances at the time CRU made the decision you are appealing against.
The appeal decision will usually be made by a tribunal judge and a medically qualified panel member.
For appeals only, a claim is treated as finalised if provisional damages were paid.
Oral hearings
This is an appeal hearing which you can go to.
The tribunal may ask you questions.
You can ask questions.
If you are the injured person you can take someone with you to represent you.
You can call a witness to give evidence to the tribunal.
A Presenting Officer from the DWP will usually be at the hearing. They may ask you questions and call witnesses.
Oral hearings are usually open to the public, but anyone who goes to the hearing will usually be involved in the appeal. You can ask to have your appeal heard in private.
You will normally be given a copy of the tribunal’s decision shortly after the hearing has finished. CRU will also be given a copy of the decision.
Paper hearing
This is an appeal hearing which you or no one else attends. HMCTS – will send you the decision in the post.
If you choose a paper hearing but change your mind, you can choose to have an oral hearing instead. You must write to HMCTS straight away if you change your mind.
The result
If your appeal is successful, CRU will revise their decision and issue a fresh Certificate.
If your appeal is unsuccessful, you can ask HMCTS for a Statement of Reasons. This gives a full explanation of the tribunal's decision including the:
- facts, and
- relevant law used to make the decision.
You must ask for this within one month from the date the decision notice was issued.
You should read the Statement of Reasons carefully. If you still do not agree with the reasons for the tribunal’s decision, you can apply for leave to appeal to the Upper Tribunal.
