ADP - Appeal Process

Nutshell

Hi all 

I’m new & hoping to find out some informative for others who have been in a similar situation.

I was refused ADP (got 2 points on redetermination) & decided to appeal with the Social Security Chamber First Tier Tribunial.

Social Security Scotland had 31 days to response to my request for appeal which they have now done. 

They have said that there previous decision was incorrect & calculated that I should have been awarded 8 points & qualify for ADP at standard rate - nothing for mobility (which I disagree with). They state they now give the tribunal to the opportunity to agree with this. 

I’m just wondering what happens now? Will there still be an appeal? Will I start receiving ADP? Will the money be backdated? So many questions!!

thanks in advance 

Albus_Scope

Heya @Nutshell and welcome to the community.

I don't know a great deal about ADP unfortunately, so I'm unable to advise here. But I'm sure one of our super smart regulars will be able to give you an answer soon.

pauline_22

Hi Nutshell
I have been on PIP and ADP.  Moved over during covid-19.  I had previously been getting standard daily living and enhanced mobility.  I have had 3 cars thru the motability scheme.  They started a review in April 2023.  There review concluded that I get enhanced daily living but drop down to standard mobility.  My car had to be returned by 2nd April 2024 and they have backdated the loss of my enhanced mobility to April 2023 so owe them £1,300 odd. I requested a re-determination.  However they took to long to do the re-determination so it was automatically got sent to tribunal stage which will take 4 to 6 months to get a date for.  1 week after I returned my car they wrote to the tribunal saying they had made a mistake and agreed I should keep the enhanced rate mobility.   I stupidly thought great phone the garage and hopefully get my car back.  However under Scottish law there is no way to rubber stamp getting my award back until tribunal has heard the case.  I have 2 MSP'S and a benefits advocacy worker helping in this matter.  Nothing can be done until this elusive tribunal date.  So as I lost money that partially paid for my car I applied for short term assistance.  This is paid for any reduction they have made to ur benefit while u r fighting the loss.  However they turned me down as they had not altered my claim.  So I am left with no car, no short term money to help with travel costs as I can't travel by bus, while waiting for tribunal date.  This is considered teething problems.  I am left house bound.
Your money will be backdated to the date u made the first phone call  to apply for ADP.  Regarding tribunal I have no answers.  However if they do not agree with ur mobility issues u can go to second tier tribunal.  I recommend u get a benefits advocacy worker immediately usually thru ur local council Financial Inclusion Team.  They become ur representative and act on ur behalf.  It does not cost u anything.  Also email ur MSP as 1 wrote to ADP regarding my case and the other is actually raising my issues as a question in parliament and she gets copied in on all correspondence between Tribunal, advocacy worker and myself.  She is hoping to alter the system so that when ADP admit they got it wrong b4 tribunal hearing u can immediately get ur award reinstated.  As I will have the time to wait for tribunal date and then the time it takes to get a new car ordered and delivered.  So realistically hoping to have a car again at the end of the year.  This is the biggest waste of money for convening tribunals, I had only got my new car on 26th February 2024 which on handing back just gets put to auction.  A 2 month old car going to auction is a huge loss of money for the Scottish government.  Scotland at least does conference via telephone instead of in person.  I hope this helps u x

Nutshell

pauline_22 said:

Hi Nutshell
I have been on PIP and ADP.  Moved over during covid-19.  I had previously been getting standard daily living and enhanced mobility.  I have had 3 cars thru the motability scheme.  They started a review in April 2023.  There review concluded that I get enhanced daily living but drop down to standard mobility.  My car had to be returned by 2nd April 2024 and they have backdated the loss of my enhanced mobility to April 2023 so owe them £1,300 odd. I requested a re-determination.  However they took to long to do the re-determination so it was automatically got sent to tribunal stage which will take 4 to 6 months to get a date for.  1 week after I returned my car they wrote to the tribunal saying they had made a mistake and agreed I should keep the enhanced rate mobility.   I stupidly thought great phone the garage and hopefully get my car back.  However under Scottish law there is no way to rubber stamp getting my award back until tribunal has heard the case.  I have 2 MSP'S and a benefits advocacy worker helping in this matter.  Nothing can be done until this elusive tribunal date.  So as I lost money that partially paid for my car I applied for short term assistance.  This is paid for any reduction they have made to ur benefit while u r fighting the loss.  However they turned me down as they had not altered my claim.  So I am left with no car, no short term money to help with travel costs as I can't travel by bus, while waiting for tribunal date.  This is considered teething problems.  I am left house bound.
Your money will be backdated to the date u made the first phone call  to apply for ADP.  Regarding tribunal I have no answers.  However if they do not agree with ur mobility issues u can go to second tier tribunal.  I recommend u get a benefits advocacy worker immediately usually thru ur local council Financial Inclusion Team.  They become ur representative and act on ur behalf.  It does not cost u anything.  Also email ur MSP as 1 wrote to ADP regarding my case and the other is actually raising my issues as a question in parliament and she gets copied in on all correspondence between Tribunal, advocacy worker and myself.  She is hoping to alter the system so that when ADP admit they got it wrong b4 tribunal hearing u can immediately get ur award reinstated.  As I will have the time to wait for tribunal date and then the time it takes to get a new car ordered and delivered.  So realistically hoping to have a car again at the end of the year.  This is the biggest waste of money for convening tribunals, I had only got my new car on 26th February 2024 which on handing back just gets put to auction.  A 2 month old car going to auction is a huge loss of money for the Scottish government.  Scotland at least does conference via telephone instead of in person.  I hope this helps u x

Omg!! What a bloody awful situation they’ve put you in. I can’t imagine the distress that has caused you. It all sounds so unfair. Esp as they’ve admitted they were wrong.

Terrible they make you want until the tribunal before the reinstate. I was really hoping that they started paying out now - as they’ve admitted they are incorrect.

I’ll def get an advocacy worker, & check out the MSP thing. That is on my list for today.

I really hope you hear something soon & thank you for taking the time to reply. X 

pauline_22

Hi Nutshell
I'm sorry it was such a long story but thought giving u all the detail would help u 2 understand how the ADP process is working.  It is incredibly stressful but if u feel u r entitled to it keep fighting it.  As I am sure they r hoping to pay people less or nothing and they will just give up due to the stress and upset the process causes.  I know many people who have not taken it to tribunal as they can't cope.  I really hope u get an advocacy worker and MSP on board as the more people who challenge the system with MSP'S the better chance there is of a change in the law where ADP admit getting it wrong and the award can be reinstated or started immediately x💜

Nutshell

@pauline_22 no thank you! I was really helpful. I think you are right, they are hoping people give up due to the stress of the process. 

I’ve emailed my council & MSP, hopefully I’ll hear back soon x