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Scottish process appeals
Has anyone had any problems getting a process appeal accepted by the First-Tier Tribunal for Scotland? I have a client who applied for Adult Disability Payment, completed and submitted his application but then couldn’t provide ID and the claim was declined. Guidance states that in these cases, the client should be able to make a process appeal without the need for a determination. However, the First-Tier Tribunal have stated that the appeal is misconceived and firstly, advised that client should make a fresh claim and then told me he should complete the re-determination process and then appeal. I’m going round in circles and cannot convince them to accept the appeal. I will be raising a complaint etc. and client will be making a new claim but he will obviously lose out on any backdated arrears if the claim is successful.
Can you quote relevant section of the guidance notes please as I cant find it.
Ta
I’ve not tried to make a process appeal. A colleague had a similar decision on an application refused and the determination letter said that the claimant had to request a redetermination, and didn’t mention process appeals.
This suggests there is a different form to use to request a process appeal, maybe that is the problem?
https://socialsecuritychamber.scot/home/your-appeal/a-process-appeal