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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Statement from DWP re WCA

Geri-G
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Welfare reform team - North Ayrshire Council

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Was interested to read Dr Litchfields report on the WCA, which we probably knew anyway, however my jaw dropped with the statement from the DWP, and I quote

“Overall, only 15% of ESA decisions are overturned on appeal. If a fit for work decision is overturned at appeal, it does not necessarily mean that the original decision was inaccurate – often, claimants produce new evidence in their appeal”

https://www.gov.uk/government/news/penning-welcomes-findings-of-litchfield-review-of-work-capability-assessment

Is it REALLY that low, I was sure CPAG said it was much higher, or is that for the people that don’t have reps? Cos most rep’s I know are winning between 50-70% of ESA appeals.

Lorraine Cooper
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Family Support, Barnardo's, Merthyr Tydfil

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Clever reporting. Only 15% of ESA decisions (out of the total of 100%) are overturned on appeal, because of the 85% not overturned, the majority are not appealed in the first place. Either due to awarding benefit, or claimants not wanting to/knowing how to appeal.

Or that’s my reading of it.

Geri-G
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Welfare reform team - North Ayrshire Council

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Lorraine Cooper - 13 December 2013 12:11 PM

Clever reporting. Only 15% of ESA decisions (out of the total of 100%) are overturned on appeal, because of the 85% not overturned, the majority are not appealed in the first place. Either due to awarding benefit, or claimants not wanting to/knowing how to appeal.

Or that’s my reading of it.

I agree, it’s perfectly obvious that half these decisions are a joke, and that the WCA is not working, but the appeal tribunals ARE overturning a lot of decisions, if you can provide a decent enough reason to.

I will soon have first hand experience of a WCA assessment and a PIP one, as my daughter has an acquired brain injury after a car accident, and I have claimed both on her behalf. Had to give up her nursing course (hopefully temporarily). She will not cope with a WCA on her own as she has speech and memory problems, so I will be going with her, I will be MOST interested to see this first hand, apart from in a set of appeal papers, and I won’t keep quiet!!

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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“The Reviewer received evidence of several cases where the routine recall for assessment of people with very severe impairment had caused considerable distress to them and their carers. While the policy intent of never writing anyone off is both understood and endorsed, it would seem neither practical nor compassionate to treat this group in exactly the same way as others. It is recommended that the review period for people with severe brain disorders who have been assigned to the Support Group should be increased to 5 years and that reviews should be conducted on a “papers only” basis unless there is good reason to believe that there has been a material improvement in their functional capability.”

Ye Gods; some sense! If only they’d put people with severe and enduring mental health problems in there too I’d be happy, as it stands the scheme will continue to land my punters in hospital!

Geri-G
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Welfare reform team - North Ayrshire Council

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nevip - 13 December 2013 12:55 PM

https://www.gov.uk/government/publications/employment-and-support-allowance—6

I knew I was right and that it was higher!