DWP seeks to address disability benefit appeals success rate

Published by 24publishing for 24dash.com in Housing and also in Central Government, Communities, Local Government

The Department for Work and Pensions (DWP) says it’s now receiving feedback on tribunal outcomes where disability benefit claimants – assessed as fit for work by Government assessors – have successfully appealed their decision.

It comes after the National Audit Office (NAO) recommended the DWP put in place arrangements to better understand why decisions are overturned at appeal – following concerns it had that nearly 40% of appeals against Employment Support Allowance (ESA) benefit decisions are found in favour of the customer.

The high rate of people appealing such assessments is also likely to have contributed to the low referral rates of claimants on health-related benefits joining the Government's Work Programme.

That recommendation was revealed in a letter of reply from the NAO to Labour MP Tom Greatrex (pictured) – who raised concerns about whether the DWP was receiving value from its contract with French firm Atos, who runs the assessments.

ESA – which replaced a range of incapacity benefits – was introduced in October 2008, with entitlement based on an individual’s “functional ability rather than the condition itself”.

Since 2010, customers receiving the old-style Incapacity Benefit and Severe Disablement Allowance have been reassessed for ESA eligbility, with reassessments running until 2014.

The firm in charge of the medical assessments – which are used by the DWP to help determine ESA eligibility or whether someone is fit for work – has come under fire from claimants and charities who argue it is degrading and not fit for purpose.

Last month, the BBC’s Panorama revealed that a man had died 39 days after being declared ‘fit for work’ by Atos. In another case, an emphysema sufferer, who at one stage was given two days to live by his doctor, was passed fit for work but later successfully appealed the decision.

Ministry of Justice figures highlighted by Panorama show that more than 176,000 cases go to appeal tribunals every year costing the taxpayer a further £50m.

The Government has improved the testing system following a review; however, it has expressed frustration over the success of the appeal rate.

Interviewed for the Panorama programme, employment minister Chris Grayling said: “I think you have to look at why the appeals are successful. I wish the judges sometime looked beyond the first impression and thought – is it really the case that these people could not return to any form of work?”

According to the NAO letter, the DWP has advised that it’s now receiving feedback on tribunal outcomes where its decision has been overturned – an arrangement that has been in place since 9 July.

The NAO said: “It is not clear how far contractor performance has contributed to the high percentage of successful benefit appeals. The result of each appeal is likely to be due to wider issues than just the quality of the medical assessment, but this is difficult to assess as the department does not routinely request feedback on the rationale for Tribunal decisions.”