ADP Appeal

McKeownOwn

Hello,

New here to the land of Scope...found you when looking for an answer to a question and so glad I did!

Has anyone been through the appeals process of Adult Disability Payment yet?

I know it's still in it's early stages so there might not be many that have reached this point yet.

The back story is this: I applied for ADP October 2022. Received initial decision June 2023. Asked for Re-determination within appropriate time frame. Was unsuccessful again. Both times evidence I have submitted doesn't appear to have been considered. 

Both results have came back with 1 point short in both daily and mobility. 

Advocacy service that is helping me feel strongly about applying for an appeal and I am just not sure what to do. If I had some kind of idea how long the appeals process takes, that might help me make a decision. I've never applied for anything like this before. Health deterioration and diagnoses all began last year. I'm finding the putting my life under a microscope and wait times etc a little stressful.

Any help at all will be much appreciated!

chiarieds

Hello @McKeownOwn - & welcome to the community. As far as I'm aware, you're the first of our members appealing ADP, so I couldn't say how long the appeal process would take, but similar to PIP, I'd think it may be a good idea to continue with your appeal, where the tribunal would consist of a judge, & also one person with medical, & the other with disability experience.

There's some info here: https://www.socialsecurity.gov.scot/asset-storage/production/downloads/Appeals-to-the-First-tier-Tribunal-for-Adult-Disability-Payment_2022-10-19-074441.pdf    & here: https://www.socialsecuritychamber.scot/home/your-appeal/a-process-appeal   with apologies if the latter is also in your redetermination letter.

I'd also stress that if you haven't said/been advised to say whether you can't do any of the activities 'reliably' then that may help: https://www.socialsecurity.gov.scot/asset-storage/production/downloads/33.-Reliability-criteria-for-Adult-Disability-Payment.pdf   together with giving a couple of of recent, detailed examples as to the difficulty you face for each applicable descriptor, i.e. when did it happen, where, what happened, did anyone see this, & were there any consequences to attempting/doing an activity? This, in a similar fashion to PIP, may help explain your individual difficulties in relation to applicable activities.

McKeownOwn

Hello @chiarieds many thanks for your information. Will start reading just now. Meeting with my Advocacy team later today to make decision on whether to proceed or not. I'm thinking I will, so I will keep you posted on the process if you want? If nothing else, my experience might help others.

chiarieds

Hello @McKeownOwn - Your experience with your ADP tribunal, should you proceed, will definitely be helpful, thank you. Wishing you well.

Jimm_Scope

Hi @McKeownOwn, do keep us updated please. Most of the experiences we here from are about PIP so hearing how an ADP appeal went would be very beneficial to the community I think!

McKeownOwn

Hi @chiarieds and @Jimm_Scope I decided to go ahead with the appeal. Sent off my letter with my many, many attachments on Friday 1st Sept. I shall keep you updated on how it goes. Can't believe it has almost been a full year since I completed Part 1 of the application on 30th Sept 2022!

Best advice I can give to anyone at the stage of thinking about applying...get as much evidence as possible in place and ready to go before you complete Part 2 of the application.

chiarieds

Wishing every success with your appeal.

Jimm_Scope

Good luck, let us know how it goes please. Fingers crossed for you!

McKeownOwn

A quick update...Appeal has been accepted by First Tier Tribunal. They advised SSS had until 16th October to send in their files on my case, which I can see on my portal that they have now done that.

Really like the portal system. On it I can see how the first case worker made the decision they did and the reasons they gave as to why (lots of contradictions to what my GP and Consultants said) and I can also see that no evidence/ notes etc have been given from the second case worker that was assigned to the re-determination. Which may confirm my suspicions that it was a rushed decision due to it being decided a day away from the caseworkers deadline.

So it's a waiting game from here I guess.

Will let you know how it goes.

chiarieds

Again, thank you for keeping us all updated @McKeownOwn

Albus_Scope

@McKeownOwn thanks for the update!  We're keeping everything crossed for you.  

I swear the waiting is the toughest part with these claims. 

annas

Thanks for your update. I changed my circumstances in June 2023 and I forgot to mentioned everything as I done it online . I have got my letter this Saturday but I am out one point for my daily living what I really need more . Should appeal as I need one point as I scored 11 . GP told me to change my circumstances but I forgotten to mention something and I don’t know if I can deal with this stress and waiting time . What I should do ? Thanks for you help .

poppy123456

annas said:

Thanks for your update. I changed my circumstances in June 2023 and I forgot to mentioned everything as I done it online . I have got my letter this Saturday but I am out one point for my daily living what I really need more . Should appeal as I need one point as I scored 11 . GP told me to change my circumstances but I forgotten to mention something and I don’t know if I can deal with this stress and waiting time . What I should do ? Thanks for you help .

I'm assuming this is ADP as that is the thread you posted on. You can challenge the decision by first requesting a Re-determination. https://www.mygov.scot/disagree-decision/how-to-challenge-a-decision

However please do be aware that they will not take into consideration any changes since the decision was made. For this reason it will depend on exactly what it is that you "forgot" to mention.