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ESA appeal stats & Chris Graylings press release
Employment Minister Chris Grayling’s press release yesterday provides an interesting spin on the stats. Hasn’t it always been the case that about a third of all claimants remain on incapacity benefits only for a short period because they have a short term illness (isn’t that why Sickness Benefit and SSP are known as ‘short term benefits and ESA is paid at assessment rate for 13 weeks?).
Is Grayling suggesting GPs have suddenly started to issue med certs to large numbers of claimants who are actually fit for work or has he discovered a way to stop people becoming sick in the first place?
TS stats for the four quarters of 2010 obtained under a freedom of information request show (subject to any error in our maths type disclaimer - NB the TS figs are rounded) show for ESA appeals in 2010:
disposed of at hearing 114,000 (of which 75,700 oral hearings)
upheld 56,400
allowed 43,100
rep attended 18,000 (of which 12,100 allowed)
NB: we are advised that from the 1st qtr of 11-12 outcome by representation etc will again be provided in the quarterly Tribunals Service data sets when published.
Therefore 38% of all ESA appeals in 2010 were allowed (67% where the claimant was represented [which assume includes where the rep indicated was family or friend rather than a WRO etc).
These stats broadly reflect those under the AWT/PCA, illustrate the value of competent representation and how badly the WCA is applied in practice.
Perhaps Chris Grayling’s statement should read:
“Once again we have clear evidence of the poor quality of the assessments provided by Atos Healthcare and the large number of incorrect decisions being made by my colleague the Secretary of State. We now know very clearly that the vast majority on new claimant for sickness benefits are genuinely sick and unable to work just like they always have been.”
“Thats why we are taking no action to change the Depts. multi-million pound contract with Atos Healthcare or improve the quality of decision making and so reduce the number of appeals. We will, of course, continue to bury our heads in the sand and pretend that there is nothing wrong with the application of the WCA. It can’t be right and proper to try to save tens of millions of pounds of taxpayers money on a process that is not fit for purpose. We might, however, consider chnaging the name of everthing again and hope that the issue will go away.”
Dan - we made the request to the MoJ who now publish the TS stats as I’m sure you know. They treated it as a freedom of info req. (why? TS stats inc. breakdown by rep. were previously pub. when TS were under DWP as you know). They are able to provide a breakdown for an individual venue. They were not able to provide a full breakdown of represented cases as they used to (i.e claimant only / rep only / rep & claimant attended). They did supply stats for rep attended (total) / rep attended decision upheld / rep attended appeal allowed. They also provide figs. for paper and oral hearings - I must assume that the stats for rep’d cases are all for oral hearings - thats how I got to the 67% allowed in rep’d cases.
Without digging out the original I think I made the original req. via an email link on the quaterly published data.
Employment and support allowance (ESA) replaced incapacity benefit and income support for new claimants in October 2008, accompanied by a work capability assessment, a controversial computer-based test that judges a claimant’s suitability to work. The assessment has been denounced in some quarters as finding disabled people fit for work, but for some others it has provided conclusive evidence of widespread fraud within the benefits system. Chris Grayling, the employment minister, is recorded as saying: “Once again, we have clear evidence of the need for change in our welfare system.”
The new medical assessment is part of the popular view (denied by officials) that tests and examinations are getting easier – think of the hysteria surrounding declining standards because of apparently easier A-levels. So, if too many people are passing the test, and the capabilities of the people taking the tests have not changed, then redesign the test. Make it harder to pass!
The ‘evidence’ suggests benefit fraud but injustice for disabled people is more apt - Guardian blog
Employment Minister Chris Grayling’s press release yesterday provides an interesting spin on the stats. Hasn’t it always been the case that about a third of all claimants remain on incapacity benefits only for a short period because they have a short term illness (isn’t that why Sickness Benefit and SSP are known as ‘short term benefits and ESA is paid at assessment rate for 13 weeks?).
Is Grayling suggesting GPs have suddenly started to issue med certs to large numbers of claimants who are actually fit for work or has he discovered a way to stop people becoming sick in the first place?
TS stats for the four quarters of 2010 obtained under a freedom of information request show (subject to any error in our maths type disclaimer - NB the TS figs are rounded) show for ESA appeals in 2010:
disposed of at hearing 114,000 (of which 75,700 oral hearings)
upheld 56,400
allowed 43,100
rep attended 18,000 (of which 12,100 allowed)NB: we are advised that from the 1st qtr of 11-12 outcome by representation etc will again be provided in the quarterly Tribunals Service data sets when published.
Therefore 38% of all ESA appeals in 2010 were allowed (67% where the claimant was represented [which assume includes where the rep indicated was family or friend rather than a WRO etc).
These stats broadly reflect those under the AWT/PCA, illustrate the value of competent representation and how badly the WCA is applied in practice.
Perhaps Chris Grayling’s statement should read:
“Once again we have clear evidence of the poor quality of the assessments provided by Atos Healthcare and the large number of incorrect decisions being made by my colleague the Secretary of State. We now know very clearly that the vast majority on new claimant for sickness benefits are genuinely sick and unable to work just like they always have been.”
“Thats why we are taking no action to change the Depts. multi-million pound contract with Atos Healthcare or improve the quality of decision making and so reduce the number of appeals. We will, of course, continue to bury our heads in the sand and pretend that there is nothing wrong with the application of the WCA. It can’t be right and proper to try to save tens of millions of pounds of taxpayers money on a process that is not fit for purpose. We might, however, consider chnaging the name of everthing again and hope that the issue will go away.”
Absolutely love the last two paragraphs!!! (Chuckle)
BBC Radio 4s You & Yours programme are intending to do a significant piece on the WCA to coincide with the first oral evidence session on IB migration before the Work & Pensions Cttee (Please note - I am not responsible for BBC programming if this item is not broadcast!!).
They are particularly keen to hear from current or former Atos healthcare proffessionals and tribunals judges / medical members about their experience of the process - please contact You & Yours!