Administrative Tribunals

In matters coming before an administrative tribunal, such as workers’ compensation boards, social security benefits hearings, or Internal Revenue Service audits or hearings, the burden of proof generally lies with the party claiming the benefit or beneficial treatment. The agency or board need only articulate a reasonable basis for denial of a claim or benefit. Of course, its decision can generally be appealed, but only in limited context (e.g., abuse of discretion). However, in cases involving the suspension, revocation, or forfeiture of some benefit already being received by a party, the burden typically rests with the agency, as it is the agency that initiates the action.


Inside Administrative Tribunals