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Half of disability benefits appeals won in tribunal court

Published 14 November, 2019

In November 2019 the Βι¶ΉΤΌΕΔ Shared Data Unit reported one in two people who appealed in court against a decision to deny them disability benefits was successful.

In total, more than 550,000 people won an appeal over their benefits at tribunal between 2013 and 2018.

The success rates showed benefits assessments were beset by "poor decision-making" and "obvious inaccuracies", charities said.

The government said only around 5% of all disability benefits claims were overturned.

Our research was  in Scotland on the day of publication and it was  on the same day. Coffey said the DWP was trying to address the issues identified in tribunals it had lost and reduce the numbers of its defeats "significantly". Two Labour candidates,  in Battersea and  in Wolverhampton South West, tweeted that the party would scrap the health assessments criticised by stakeholders in our report, if it won the General Election.

Benefits assessments are carried out on behalf of the DWP by the private contractors Capita, the Independent Assessment Services (formerly called Atos) and Maximus.

Capita and Maximus, two of the private companies who carry out assessments, said the majority of people were satisfied with the process and they worked with charities and disabled people's organisations to improve their services further.

The Βι¶ΉΤΌΕΔ's Shared Data Unit analysed figures from Freedom of Information responses from HM Courts and Tribunals Service and Northern Ireland's Department for Communities (DfC).

Most of the appeals concerned Employment Support Allowance (ESA), which is paid to people unable to work because of illness or disability; the Disability Living Allowance (DLA), which is paid to people with extra care or mobility needs; and Personal Independence Payment (PIP), which was introduced to replace DLA

The analysis found:

  • About 553,000 successful appeals were heard at tribunal about disability, sickness and incapacity benefits out of 981,000 from 2013 to 2018
  • Last year, around two thirds of cases heard in Great Britain found in favour of the claimant. In Northern Ireland, the figure was around 54% in 2018-19

The Shared Data Unit makes data journalism available to news organisations across the media industry, as part of a partnership between the Βι¶ΉΤΌΕΔ and the News Media Association. Stories generated by the partnership included:

  • The Oldham Chronicle:  8 November 2019
  • Plymouth Live:  14 November 2019
  • ITV North West: Granada News:  14 November 2019
  • The Scotsman:  14 November 2019
  • The Yorkshire Post:  14 November 2019
  • Blackpool Gazette:  14 November 2019
  • Devon Live:  14 November 2019
  • Fleetwood Weekly News:  14 November 2019
  • Rochdale Online:  14 November 2019
  • Cornish Stuff:  14 November 2019
  • Cornwall Live:  14 November 2019
  • The Brecon & Radnor Express:  14 November 2019
  • North East: Chronicle Live:  14 November 2019
  • Glasgow South and Eastwood Extra:  14 November 2019
  • The Carrick Gazette:  14 November 2019
  • Berwickshire News:  14 November 2019
  • Third Force News:  14 November 2019
  • Access and Mobility Professional:  14 November 2019
  • Wigan Today:  14 November 2019
  • Wigan Today:  15 November 2019
  • Thiis (The Βι¶ΉΤΌΕΔcare Industry Information Service) Magazine:  15 November 2019
  • Teesside Live:  17 November 2019
  • Evesham Journal:  17 November 2019
  • Worcester News:  18 November 2019
  • Droitwich Spa:  18 November 2019
  • Hereford Times:  18 November 2019

The story was also used by the , , , , , , , Βι¶ΉΤΌΕΔ Wales online, Βι¶ΉΤΌΕΔ Tees, Βι¶ΉΤΌΕΔ Radio Ulster, Βι¶ΉΤΌΕΔ Somerset, Βι¶ΉΤΌΕΔ Radio Kent, Βι¶ΉΤΌΕΔ Radio Solent, Βι¶ΉΤΌΕΔ Radio Suffolk, Βι¶ΉΤΌΕΔ Radio nan GΓ idheal - Naidheachdan, Βι¶ΉΤΌΕΔ Radio Foyle and Radio Scotland

Get the data

Visualisation

  • Line chart: Percentage of tribunal decisions in appellants' favour from 2013-18 for Great Britain and Northern Ireland
  • Line chart: Drop in all benefits appeals to First-tier tribunal in the year after Mandatory Reconsideration and legal aid cuts took effect

Background and briefing