Adult Disability Payment - How do I challenge an Adult Disability Payment decision?

When a decision is made, you will receive a letter from Social Security Scotland called a ‘Notice of Determination’. By law, the letter needs to give clear and accessible guidance and explanations to you about the decision that’s been made.

It will also tell you what to do if you do not agree with the decision. 

There's a two-stage process to challenge a decision.

Stage 1 - Re-determination

You have 42 days (6 weeks) to request a re-determination. Sometimes Social Security Scotland will accept re-determination requests made late if you provide a good reason. 

When Social Security Scotland get your re-determination request, they’ll let you know they have it and how long they have to make a new decision.

You can request a re-determination:

• Online or
• calling Social Security Scotland free on 0800 182 2222 (Monday to Friday, 8am to 6pm), or
• filling in a re-determination request paper form
• use the contactSCOTLAND app to contact Social Security Scotland by video relay

Stage 2 - Appeal

You can only request an appeal if you have received a re-determination (or Stage 1) decision and you disagree with it. You can also appeal if you don't get a re-determination decision in time.

Your appeal request will be sent to the First-tier Tribunal for Scotland. They are totally independent from Social Security Scotland. They will look at your request and make a decision on your appeal.

You can request an appeal within 31 days of getting a re-determination decision or if they have not been able to make their re-determination decision in time. If you request an appeal more than 31 days after getting this letter, you should explain the reasons why you have not requested an appeal sooner. The First-tier Tribunal for Scotland will decide if they can accept your request.

You can request an appeal:

• Online or
• calling Social Security Scotland free on 0800 182 2222 (Monday to Friday, 8am to 6pm), or
• filling in an appeal request paper form
• use the contactSCOTLAND app to contact Social Security Scotland by video relay

Short-term Assistance

If your Adult Disability Payment is reduced or stopped, and you are waiting for a decision after asking for a re-determination or making an appeal, you can apply for Short-term Assistance. This is a temporary payment that will give you the same amount of money as your previous award while you wait for a final decision. It is designed to protect you from a sudden drop in income during this time.

You don’t have to repay Short-term Assistance, even if the decision doesn’t go in your favour. For more information and to apply, visit the Short-term Assistance area on the mygov.scot website.