If Social Security Scotland has looked at your Adult Disability Payment (ADP) claim twice and you still think the outcome is wrong, the next step is an appeal to the First-tier Tribunal for Scotland. This is the point where an independent panel, not Social Security Scotland, decides your entitlement. It is a distinctly Scottish route, and it works differently from the appeals system used in the rest of the UK. This guide sets out the order of events, the strict 31-day window, what a hearing actually feels like, and how to build a case activity by activity so the panel can see exactly where your points should sit. Before you start, it is worth knowing how long a tribunal takes and how often appeals succeed.
Struggling to put your difficulties into words?
ADPexpert turns how your condition affects you into the detailed answers the ADP application Part 2 actually asks for. See it work on one activity, completely free.
Try one activity free →You cannot skip straight to appeal
The Scottish system has two stages, and they run in order. You cannot ask the tribunal to look at your case until Social Security Scotland has already reconsidered it through a re-determination. The sequence is:
- Determination. Social Security Scotland decides your claim and writes to you.
- Re-determination. If you disagree, you ask Social Security Scotland to look again, within 42 days of the determination letter. They then have 56 days to reach a fresh outcome.
- Appeal. If the re-determination still leaves you short, you appeal to the First-tier Tribunal for Scotland within 31 days of that outcome.
If you missed the 42 day window entirely, ask for a late re-determination first, because there is a good cause route with a one year backstop.
There is one important shortcut into the appeal stage. If Social Security Scotland fails to complete the re-determination inside its 56 days, you gain a direct right of appeal without waiting any longer. In other words, their missed deadline becomes your key to the tribunal. If you are still at the earlier stage, our re-determination guide covers that step in full.
Who hears the appeal: the Social Security Chamber
ADP appeals are heard by the Social Security Chamber of the First-tier Tribunal for Scotland. This is a Scottish tribunal, administered by the Scottish Courts and Tribunals Service, and it is completely independent of Social Security Scotland. The people who decide your appeal had nothing to do with your original determination, so you are getting a genuinely fresh pair of eyes.
For the full route from determination letter to hearing, see our overview of challenging a determination.
A panel usually has two members: a legally qualified member who chairs, and a member with a medical background. For some cases a third member with relevant expertise joins. Their job is not to defend the earlier outcome. It is to work out, from the law and the information in front of them, what your correct entitlement is.
How to lodge your appeal
You appeal directly to the tribunal, not to Social Security Scotland. You can do this online or on the paper form that comes with your re-determination outcome, and you can ask a local advice service to help you complete it. When you lodge, you say why you think the re-determination is wrong and whether you want to attend a hearing.
Build your case activity by activity
ADP broadly aligns with the rest-of-UK benefit it replaced, and entitlement is scored the same way: points across 10 daily living activities and 2 mobility activities. Score 8 to 11 points in a component for the standard rate, or 12 or more for the enhanced rate, from any combination of activities. These thresholds are set in The Disability Assistance for Working Age People (Scotland) Regulations 2022. The tribunal will go through the activities that matter to your case, so the strongest thing you can do is decide, before the hearing, exactly which activities and which descriptors you are arguing for.
Take each disputed activity in turn and ask three questions: which descriptor really matches a typical day, why the one Social Security Scotland chose is too low, and what proof you have. For example, on preparing food, do not just say cooking is difficult. Explain that you cannot stand at a hob safely because of dizziness, that you have burned yourself, and that on most days you rely on a microwave or someone else, which points to a specific descriptor rather than the lowest one.
The reliability test wins appeals
- Safely – can you do it without danger to yourself or others?reg 7
- To an acceptable standard – is the result good enough, or half done?reg 7
- Repeatedly – can you do it as often as the day needs, not just once?reg 7
- In a reasonable time – roughly no more than twice as long as someone without your condition?reg 7
Regulation 7 is often where appeals are won. An activity only counts as something you can do if you can do it reliably, meaning safely, to an acceptable standard, repeatedly and in a reasonable time. If you fail any one of those on most days, you are treated as unable to do it. Panels are used to hearing that someone can technically perform a task once, on a good day, but not repeatedly, not safely and not without hours of recovery. Frame each activity around the days you cannot manage, not the days you can.
Turn your conditions into a clear activity-by-activity case
ADPexpert helps you set out each of the 12 activities in the language the descriptors are scored against, so you walk into your hearing knowing exactly which points you are arguing for. Try one activity free.
Try one activity freeNew supporting information helps
You are not stuck with what was on your original form. You can send fresh supporting information to the tribunal before the hearing, and the panel can take it into account. A recent letter from a consultant, an occupational therapy report, a care plan or a short statement from someone who helps you can move a case. Remember too that Social Security Scotland has a duty to help gather supporting information, so if there is a document you have struggled to obtain, it is worth flagging. Send anything new as early as you can so the panel has time to read it.
What the hearing is like
Tribunals are meant to be informal. There is no wig, no dock and no jury. You sit at a table, or appear on screen, and the panel asks questions about how your conditions affect the activities in dispute. It is inquisitorial, which means the members are trying to understand your situation rather than trip you up. You can bring a friend, a family member, a welfare rights worker or an advocate, and having someone with you is often steadying.
For a walk through the hearing day itself, see what happens at an ADP tribunal.
Answer honestly and in detail. If a question is about a good day, say so and describe the bad days too. Explain pain, fatigue, how symptoms build, how long recovery takes and the help you rely on. The panel usually reaches a decision on the day or sends it shortly after in writing.
After the tribunal
If the tribunal increases or restores your award, Social Security Scotland puts the new rate into payment and pays any arrears due. If the decision does not go your way, ask for the written reasons, because they explain how the panel read the law and where your case fell short. There are limited further routes on a point of law, and a local advice service can tell you whether that applies. Whatever the outcome, remember that ADP awards run on a rolling basis with no fixed end date, and if your condition changes later you can report that and be looked at again.
Frequently Asked Questions
How long do I have to appeal an ADP determination?
You have 31 days from your re-determination outcome to appeal to the First-tier Tribunal for Scotland. You cannot appeal straight from the first determination. You must ask for a re-determination within 42 days first, and the appeal right opens once you have the re-determination outcome or Social Security Scotland runs past its 56 days.
Which tribunal hears ADP appeals in Scotland?
The Social Security Chamber of the First-tier Tribunal for Scotland, run by the Scottish Courts and Tribunals Service. It is independent of Social Security Scotland, so the panel deciding your appeal did not make the original determination.
What happens at an ADP tribunal hearing?
A panel, usually a legal member and a medically qualified member, asks how your conditions affect the disputed activities. It is informal and inquisitorial. You can attend in person, by phone or by video, bring a supporter or representative, and you are not penalised for having appealed.
Do I still get paid while I appeal?
If the appeal is about an existing award that was reduced or stopped, Short-term Assistance covers the difference through the re-determination and the appeal, and it is not repayable. It is not available where you are appealing a refused new claim.
Can I bring new evidence to the tribunal?
Yes. You can send fresh supporting information ahead of the hearing and the panel can consider it. A recent consultant letter, a care plan or a statement from someone who helps you can be decisive. Send it as early as you can.
Do I need a solicitor or representative to appeal?
No. Many people appeal without one and the process is built to be accessible. Free help from Citizens Advice Scotland, a welfare rights team or an advocacy service can still make a real difference, and representation at the hearing is free where you can get it.
What if I miss the 31-day deadline?
You may still appeal late where you have a good reason, up to a maximum of one year from being notified of the re-determination outcome. Explain clearly why you could not appeal in time, for example a hospital stay or a change in your health, and include any supporting information.