The Department for Work and Pensions (DWP) has shared “three main reasons” why award decisions for PIP and ESA are being overturned in favour of the claimant.
Personal Independence Payment (PIP) helps people over 16 and under the State Pension age who have long-term health issues, disabilities or mental or physical conditions. Employment and Support Allowance (ESA) is a benefit that helps those whose work capabilities are limited by ill health or a disability.
With so many new claimants applying for one or both helplines, the process has become a lengthy procedure. Claimants can ask for their award decision to be looked at again, known as a Mandatory Reconsideration. If they also disagree with that outcome, it can go to a tribunal.
READ MORE: DWP explains why New Style ESA claimants will not receive £650 cost of living payment
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, the Daily Record reported. 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.
“"f 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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