The Department for Work and Pensions has shared the three main reasons why award decisions for Personal Independence Payment and Employment and Support Allowance are being overturned in favour of the claimant on appeal. Earlier this month new figures revealed that 72 per cent of PIP tribunals result in success for the claimant.
Personal Independence Payment (PIP) is a benefit that helps people over 16 and under State Pension age with the extra costs of living with a long-term illness, mental or physical health condition or disability. Employment and Support Allowance (ESA) is a benefit paid if your ability to work is limited by ill health or a disability, reports The Daily Record.
While many new claimants applying for either support payment, or existing ones having an award reviewed, experience no issues, for others, it can be a lengthy process which takes time to resolve. If a claimant disagrees with an award decision, they can ask for the outcome to be looked at again, known as a Mandatory Reconsideration and if they also disagree with that outcome, it can go to a tribunal.
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DWP minister for disabled people, Chloe Smith MP, recently explained that entitlement to ESA and PIP is determined by the DWP decision makers, based on all the evidence received. This includes that from the claimant, their health professionals and advice from the Assessment Providers.
Ms Smith also shared the three main reasons why decisions are being overturned on appeal.
These are:
Tribunals drawing a different conclusion based on the same evidence
Cogent oral evidence given by the individual
New written evidence provided at the hearing
The DWP minister said: “These are complex benefits where evidential issues clearly impact outcomes.”
Following the release of the Tribunal Statistics Quarterly: January to March 2022, earlier this month which detailed the overturn figures in favour of claimants for PIP and ESA, Labour MP Kate Osamor, asked the DWP, ‘what assessment are being made of the performance of Capita and Independent Assessment Services?’.
In a written response, Ms Smith, said: “There is a comprehensive performance regime which drives the Assessment Providers to meet stringent quality standards.
“Through robust contract management processes and by working in partnership, we continually monitor and work with APs to manage performance and obtain maximum value.
“If they are unable to meet our expectations, we will work with them to address any issues, whilst seeking any financial compensation as appropriate under the terms of the contract.”
You can appeal a decision about your entitlement to benefits, for example PIP, ESA and Universal Credit - read more about the process on GOV.UK, here.
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