Adult Disability Payment - Appeal Processes

Hello, looking to pick the brains of any of my Scottish colleagues who are presumably also pulling their hair out at some of the absolutely wild processes for ADP.

I now have two appeal cases where SSS have responded to the Appeal Request by conceding the points we had asked for, however they cannot lapse appeals (as DWP would do) and leave it to the Tribunal to make the decision regardless. Having queried this with a local delivery officer, it seems the power to lapse appeals wasn’t built into the legislation.

However, i was wondering how we deal with this in terms of submissions. Do we:

1. Just write a very brief submission acknowledging the response from SSS and agreeing with their proposed points.
2. Write the sort of full submission we’d have written had SSS not conceded as per the above
3. Any other suggestions welcome.

Thanks in advance

For a belt and braces approach, i’d do a brief submission in case the panel decides to go ahead with the appeal. In the cases i’ve seen, the Judge has acknowledged there was no need to proceed but I wouldn’t like to rely on this.

I wrote to SSS re lapsing appeals and I believe it’s something they’re looking to change but, you’re right, at present there’s no legislative basis to lapse appeals of Scottish benefits

unhindered by talent - 13 November 2023 02:40 PM

For a belt and braces approach, i’d do a brief submission in case the panel decides to go ahead with the appeal. In the cases i’ve seen, the Judge has acknowledged there was no need to proceed but I wouldn’t like to rely on this.

I wrote to SSS re lapsing appeals and I believe it’s something they’re looking to change but, you’re right, at present there’s no legislative basis to lapse appeals of Scottish benefits

Thanks for the quick response. I was leaning more towards the comprehensive submission angle myself, although in a bizarre twist client has actually been “offered” more points than i thought could be realistically challenged at appeal having seen the evidence and spoken to her re the descriptors. I didn’t think I’d ever see the day I’d be essentially copying the respondent’s sub for an appeal.

I’m attending the local area Tribunal User Group in a couple of weeks where I’ve put this issue on the agenda. It’ll be interesting to see what they are planning to do about it.

Thanks again
John

I don’t think there’s any harm in doing a full submission (unless it negatively contradicts the points you’ve been offered, of course)

This is one of the issues that the Social Security (Scotland) Bill hopes to address: https://www.parliament.scot/bills-and-laws/bills/social-security-amendment-scotland-bill/introduced

My other suggestion is just to add something to the submission if it is arranged as a paper hearing. I would request that the judge adjourns for a full hearing if they disagree with both the appellant and respondent’s position

For the only one that i have done so far where SSS have changed the decision i requested a paper hearing and stated my client accepted the decision by SSS.  What a waste of time it would be for a Tribunal to go ahead with a hearing, having to prepare a statement of reasons against the SSS decision with the risk of a set aside request!
Although i know, now that i have said that, it’s gonna happen :(

Hi John-Paul. I have the same issues and have three ADP appeals where SSS have conceded points which would give the client an award. In the absence of any guidance regarding best practice, I submitted my usual full submissions and made mention that we either agreed or disagreed with the points conceded by SSS.  I felt it best to do the full submissions in case the FTTS ignored a shorter version simply saying we agreed with the points conceded. So many unknowns regarding the FTTS at present and I didn’t want to jeopardise client’s chances of success. The potential to lapse appeals should definitely have been built into the legislation.

This Scottish UT decision might be of interest, an appeal where the Tribunal disagreed with the SSS’s submission to award more points:

https://www.rightsnet.org.uk/welfare-rights/caselaw/item/first-tier-tribunal-for-scotland-erred-in-failing-to-consider-exercising-its-power-to-call-for-further-evidence