The National Insurance Board will always try to ensure that your claim is thoroughly processed and that our decision on your benefit is correct. However, there may be times that you would disagree with a decision that is made concerning your claim and therefore will have the right to appeal such a decision
Whenever we decide that you are not eligible for a benefit, or that the amount of your benefit should be changed, we will send you a letter informing you of and explaining our decision. If you disagree with our decision you can request that the claim be reviewed. This is called the Appeals Process, which is carried out by an Appeals Tribunal.
Who sits on the Appeals Tribunal?
- An Appeals Tribunal shall consists of:
- A Chairman (appointed in writing by the Minister responsible for National Insurance) who shall be an attorney-at-law who has being practicing for at least three years.
- A person drawn by the Board from a panel of persons representing employers.
- A person drawn by the Board from a panel or persons representing insured persons.
- If your appeal involves questions of a medical nature, the Chief Medical Officer (CMO) will be invited to the hearing. (S)he will evaluate the medical evidence and explain it to the Tribunal.
- The CMO will also advise the Chairman of the Tribunal whether further medical advice is needed and from whom it should be sought.
How Many Appeal Levels Are There?
There are two levels of appeal. They are:
- review by the Appeals Tribunal and
- Supreme Court Review.
When and How To Appeal A Decision of the National Insurance Board at the Appeals Tribunal?
If you wish to appeal, you must submit your request in writing at a Board’s office within 21 days from the date that you receive the ‘disallowance letter.’ Depending on the circumstances, the 21 days may be extended to 60 days; however, the claimant must give reasons for the late submission. It will then be up to the Chairman of the Appeal Tribunal to decide whether or not a late appeal will be accepted. Your appeal letter must state the grounds of appeal and must accompany a completed appeal form. You can obtain an appeal form from any National Insurance Local Office.
Procedure of the Appeals Hearing
First of all, you will be sent a notice of the date, place and time of the hearing. No appeals process will continue unless such notice is given. If you cannot attend on the date and time given, you should send an explanation to the Tribunal. If you do not attend and do not send a reasonable excuse, the Tribunal may hear your appeal in your absence.
During the review, the Appeals Tribunal will re-examine all aspects of your claim including those that were previously in your favour. It is usually to your advantage to attend the hearing. If you so choose, someone else may represent you during the hearing. Your representative could be an Attorney-At-Law, a friend or any one that you feel is qualified to do so. You can also with the permission of the Chairman, call and question witnesses in support of your case.
The Appeals Tribunal will record their decision in writing, which should include a statement of the reason for the decision and all findings of the Tribunal. All members of the Tribunal must sign the record. A copy of the decision of the Appeals Tribunal will be sent to you and to the Director or the Board. The Director will confirm or change the original decision.
If you disagree with the Appeals Tribunal on a point of law you can appeal to the Supreme Court. We advise that you consult with your Attorney-At-Law about this.
Note: This web site provides general guidelines only, and must not be treated as a complete and authoritative statement of law on any particular case. For more specific information about your case, contact the National Insurance Board at one of its convenient offices.
You can also with the permission of the Chairman, call and question witnesses in support of your case.