AFCS Tribunal

Discussion in 'Armed Forces Pension Scheme' started by EScotia, Nov 22, 2012.

Welcome to the Army Rumour Service, ARRSE

The UK's largest and busiest UNofficial military website.

The heart of the site is the forum area, including:

  1. As frequent visitors to these forums may know, I have been engaged with SPVA for some time over their refusal to accept my claim for a serious injury that ended my career. I've now been through the appeal process from the rejection of my initial application up to and including the First Tier Tribunal which has now found in my favour.

    Whether I'd have won my case or not I have to say the Tribunal panel was excellent; running things in a relaxed but business-like manner and giving both sides the opportunity to comment on everything throughout the hearing.

    For those that are unfamiliar with the panel make up it is chaired by a legal professional supported by a medical professional and a person with military experience. There should also be a representative from SPVA to explain or clarify their position if necessary.

    Some points I would recommend to others considering appealing against an SPVA Norcross decision:

    • read the reasons for rejection given by SPVA and compare them against the legislation to see if you have grounds to appeal. Don't waste everyone's time submitting an appeal just because you don't agree with the decision.
    • do your research thoroughly including as much relevant information as you can. In my case I continued gathering information throughout the process and it was this information (and the way I presented my case) that convinced the panel to find in my favour, taking only 10 mins to do so after a hearing that took about 3 hours!
    • make sure you have a representative at the Tribunal from one of the recommended Agencies (I had a representative from RBL(S) and he was excellent). You can also take a carer/helper if needed, I took my wife to help me on/off trains and in/out of taxi's.
    • be aware that the SPVA representative has not been involved in your case, he/she is not an enemy. They are there to answer any questions the panel or you have for them.
    • Like Like x 6
  2. Nice to read your good news agree with your post research helps a lot. RBL was there for me they did a great job too.
    • Like Like x 1
  3. Well done kidda.
    • Like Like x 1
  4. Thank you your Majesty & thanks for the support. Every little helps!
    • Like Like x 1
  5. Update:

    SPVA have now confirmed they will not be challenging the Tribunals findings, just 2 days before their time ran out. Now the decision on what tariff is to be awarded will take place, using up even more time then even more time will be taken to work out how they can claw back the compensation the MoD paid in an out of court settlement (by law you cannot be compensated for the same injury twice).
    • Like Like x 3
  6. Hello EScotia,

    Thank you so much for your post. It really helps. I just received my hearing date today. I have an excellent report from Army doctor (doctor sent report to AFCS a bit late hence they made their decision and did not award me appropriate compensation). Member of the RBL saw that report and said I happy with it, I needed a good report from doctor and I got it.
    Not sure if I need to do some extra research though or my doctors report will be sufficient. I am happy to do personal message if you are happy with it.

  7. With regards to my appeal, I won in October. SPVA asked for written reason from Tribunal, they just sent last Friday (Judge was on long term sick leave) and today SPVA confirmed that they have received that letter. Now, it's time to wait and see.

    I have been waiting for this to resolve since year and half now!!

    • Like Like x 2
  8. Congratulations on winning your Appeal. SPVA now have 6 weeks to decide whether to appeal it.

    I have had my case running with the SPVA for 3 years (Feb 2011) and 'won' my Appeal in early January having overturned an earlier Appeal Decision (Sept 2013).

    I am now waiting to hear if th SPVA intend to Appeal against my win - they 10 days left - I expect them to leave it until the last minute as is the SPVA way.
    • Like Like x 1
  9. Thanks for your reply. Good luck to you and to me!!
  10. Just received a letter from SPVA today saying as follows:

    "To enable us to fully consider your case and to adjudicate on the correct tariff, we require up to date medical evidence."

    Do you think they are not going to appeal agianist tribunal decision?

  11. Great news, is it really all over? Don't forget the £10 you owe me.
  12. I am still in blind mood and my wife just read this letter. I am not sure yet if this means they are not going to appeal.
    No problem there about £10, how would you like to take? lol
  13. From what you've quoted from their letter it sounds like they will arrange for you to be examined by a specialist of their choice or an atos Dr. It depends on what the claim was for.

    Key part of your quote is in bold. If they have said they wish to "adjudicate on the correct tariff" then they accept you were injured/made worse by service.
  14. No, they asked for my gp and specialist details.
    Finger cross!!
  15. Then they may be seeking more detailed reports not only of the injury but how it is affecting you and whether it will get better or deteriorate. Make sure you book an appointment with your GP to let him know SPVA will be writing and if you're not a regular visitor, let him/her know what your good days and bad days are like. You could also give him/her an indication about whether you are now getting more good days or bad days than you were originally.