Tuesday 2 October 2012

More Jersey Social Security appeal mysteries explained...




Social Security Appeals


We at SSTAG have posted before on the mysteries of the Social Security appeals process – mostly as it relates to income support applications.

Further enquiries are still proceeding and it is likely to be a long job but the ultimate aim would be for a guide book to the whole of the Social Security system written in plain language.

Of course it is patently wrong that income support appeals are initially dealt with anonymously by the same officers of the Social Security department that make the initial decisions. This cannot be considered to be a fair and impartial system and as we know only too well, the information actually given with decisions is often painfully inadequate.
Thus we hope that more applicants (YOU) will demand a fuller explanation of any decisions made and the supportive reasons, data or figures that have been used to support it.
Without this information it is often impossible for an applicant to know whether there are grounds to appeal at all. There are also time limits for making an appeal which can be impossible to satisfy if further explanations are sought by the applicant.

Unfortunately it is not unusual for Social Security staff to refuse to give their names over the counter, ‘phone or even on letters – so the applicant does not know who made an initial decision or whether a different person has reviewed it!

We have been asking questions about the appeals procedures. On a previous posting we explained that appeals from internal appeals of Social Security and Medical Board decisions are heard at special Appeals Panel Tribunal hearings run by the Employment Tribunal, 1st floor, Trinity House, Bath Street and are supposed to be OPEN TO THE PUBLIC.

Unfortunately nobody except the appellants seem to know when they are taking place but we are hoping that changes will be made soon to publish details beforehand.

The responsibility for the administration of these appeals was taken over by the Judicial Greffe in 2010. Since then there have been a remarkably low number of appeals actually heard which suggests that either Social Security applicants are remarkably happy with the decisions made or do not know how to make an appeal….

This year (2012) there have been 22 appeal applications against Social Security decisions. Just 8 have so far resulted in hearings, 5 were resolved by Social Security, 3 withdrawn or rejected and 3 more are currently waiting for hearing dates.

We shall be asking for notice of those 3 or any other hearings that take place soon in order to attend and learn how they are conducted.

As a result of our enquiries so far we understand that the process of reviewing the procedures of the Appeals Panel is currently under way and the indexing of completed hearings is “one area that will be revised.”

This is especially necessary for any applicants trying to discover details of previous decisions appealed against and decisions made.
Of course, we at SSTAG do not expect to receive any acknowledgment or thanks from the Social Security Minister or Department for our efforts – but we are sure that improvements will be initiated soon in this archaic process. We shall keep on monitoring the position…

We have been assured that the procedures of the Appeal Panel are in line with a ruling of the European Court of Human Rights on accessibility of Tribunals to the general public.

To demonstrate compliance with the ECHR we have been previously advised that a plaque will be placed outside the Tribunal Offices listing the individual Tribunals that sit there and to use the Website to advise of forthcoming hearings…