Appealing to the First-tier Tribunal (Social Security Chamber)

Check if you can appeal a decision

If you disagree with a decision about a benefit paid by Social Security Scotland, you might be able to appeal to the First-tier Tribunal (Social Security Chamber).

You can appeal to the tribunal if Social Security Scotland has:

• refused your benefit application after looking at it again

• decided not to change the amount of benefit that it is paying you after looking at the decision again

• not made a re-determination in time

• made a process decision that you do not think is correct.

You need to ask Social Security Scotland to take a fresh look at their decision before you can appeal. This is called asking for a re-determination. Find out more about asking for a re-determination. 

How to appeal

You can ask for an appeal: 

• by post - by filling out the form that was sent with your decision letter 

• by phone - you can phone Social Security Scotland free on 0800 182 2222, Monday to Friday, 8am to 5pm

• online - for some benefits you can ask for an appeal on mygov.scot.

Include any information or evidence with your appeal. This should be anything that supports your case but was not available when you applied.

If you need more help with an appeal, you can get advice.

Time limit to apply

You have 31 days from receiving your re-determination decision from Social Security Scotland to appeal. You are normally treated as receiving the re-determination 2 days after it was sent.

If you have a good reason for missing the 31-day deadline, you might be able to make a late appeal. The First-tier Tribunal (Social Security Chamber) will decide whether to accept your late appeal.

You should explain why the appeal is late. A late appeal can be made within 1 year of the re-determination decision.

Get help to appeal

If you need help to appeal, you can:

• ask someone else speak to Social Security Scotland on your behalf - download a third-party authorisation form on mygov.scot

• get an advocate from Advocacy.scot - find out more on the advocacy.scot website.

Advocacy.scot is an independent advocacy service provided by Advice Direct Scotland. You can ask Social Security Scotland to refer you it.

If you’re an appointee for someone who has applied for a benefit paid by Social Security Scotland, you can continue to act on their behalf when appealing.

After you appeal

After you submit your appeal, Social Security Scotland will pass it to the First-tier Tribunal (Social Security Chamber). They must do this even if your appeal is late or incomplete.

Social Security Scotland will also give the First-tier Tribunal a copy of the determination, information used to make the determination and any claim form.

The tribunal will decide if your appeal is valid and let you know in writing. They will also let you know if they need anything else from you.

Social Security Scotland will have 31 days to respond to the appeal. This response will also be sent to you.

You will then have 31 days to respond to Social Security Scotland's response. You might want to make comments or submit further evidence.

The tribunal will decide how to handle the case. This will depend on the circumstances. The tribunal might make a decision about your case at a case management discussion or might decide to have a tribunal hearing.

You can read more about the appeal process on the First-tier Tribunal (Social Security Chamber) website.

Getting paid while challenging a disability benefit decision

If you’re challenging a decision to reduce or stop your Child, Adult or Pension Age Disability Payment, or Scottish Adult Disability Living Allowance, you can apply for Short-term Assistance. This is a payment from Social Security Scotland to help you while you challenge a decision.

If you do not agree with the decision about your application for Short-term Assistance you can ask for a re-determination or an appeal of that decision.

Find out more about Short-term Assistance.

Preparing your case

The First-tier Tribunal (Social Security Chamber) is independent from Social Security Scotland. It considers the arguments on both sides before making a decision.

It’s important to prepare your case carefully so that the tribunal has all the information it needs.

You should send any evidence that supports your case as early as possible by post or email.

Send copies, not originals. Put your hearing reference number on them. The reference number should be on any letters you’ve had from the tribunal.

Going to the appeal hearing

The hearing is your chance to explain in your own words why you think the decision is wrong. The First-tier tribunal (Social Security Chamber) might want to ask you questions.

If there’s going to be a hearing, you should decide whether you’re going to go. Your case is more likely to be successful if you attend the hearing because you can put forward your arguments and answer questions.

You do not have to go alone, you can bring someone to support you or represent you. Read more about getting someone to represent or help you at the tribunal.

If you want to represent yourself but want someone to attend the hearing with you, you can bring a supporter. A supporter can include friends and family. They can give you moral support but cannot speak for you.

Think about what your argument will be, the reason why you are appealing and what questions you might be asked. Make notes - you can take these to the hearing with you.

If you need help to build your case, you can get advice.

At the hearing

The hearing will start with the convenor introducing the case. The convenor is a legally qualified member of the Social Security Chamber.

Tribunals are different from courts. The hearing is not very formal. For example, you do not have to address the convener as “My Lord” or “My Lady”.

Both you and Social Security Scotland can explain what the appeal is about. The convener might ask you and Social Security Scotland questions.

If you’re representing yourself, take your time answering any questions. You can ask for a few minutes to collect your thoughts or look at your notes.

The convener will decide your appeal. In most cases reasons will be given for the decision.

Special measures

You might need special measures to attend and take part at the hearing, for example if you’re disabled or English is not your first language. You can ask for special measures, like a hearing loop or an interpreter.

You can ask for special measures when you make the appeal, or you can write to the tribunal so that it can be arranged before the hearing.

If you want a private hearing

Tribunal hearings are usually public. You can ask for a private hearing instead if you have an important reason.

The tribunal is most likely to agree to a private hearing if there are issues about:

• public order

• your right to privacy for your family life

• confidentiality

• harm to the public interest 

• prejudice to the interests of justice.

If you want to have a private hearing but not sure what argument to make, you can get advice.

How to claim expenses

You can claim back expenses to cover the cost of travelling to the hearing, or to cover pay you might miss out on. Find out how to claim expenses on the First-tier Tribunal (Social Security Chamber) website.

If you want to challenge the decision

If you disagree with the decision of the First-tier Tribunal (Social Security Chamber), you can challenge it on a point of law. This means that the tribunal made a mistake such as interpreting the law incorrectly or not following the correct procedure.

A tribunal decision can be challenged in 2 ways. You can:

• ask for a review of the tribunal’s decision - you must do this within 14 days of the decision being made

• apply for permission to appeal to the Upper Tribunal - you must do this within 30 days of the decision being made.

You cannot ask for a review or appeal to the Upper Tribunal about decisions in process appeals.

There are pros and cons of asking for a review or applying for permission to appeal to the Upper Tribunal. These are likely to depend on the circumstances of your case. It's usually better to ask for a review as this is also treated as a request for permission to appeal to the Upper Tribunal.

If you’re not sure whether to ask for a review or apply for permission to appeal to the Upper Tribunal, you can get advice.

Other help you can get

If you’re not awarded a payment or you still need more help, you can find out about:

• other sources of help if you're struggling with living costs

• how you might be able to increase your income

• grants from charities - you can search for grants on the Turn2us website

If you need more help with your re-determination or other issues to do with benefits, you can get advice.