To ask the Secretary of State for Work and Pensions how many work capability assessments in respect of persons diagnosed with a mental health condition were refused in the latest period for which figures are available; and how many such decisions were subsequently overturned on appeal.

There were 132,800 Fit for Work decisions for new employment and support allowance (ESA) claims made up to the end of February 2010, where the primary health condition was classed as mental and behavioural disorders. There were 50,100 appeals heard against these decisions, and of these 21,200 (42%) were cases where the decision was overturned in favour of the appellant.

The above figures come from benefit claims data held by the Department for Work and Pensions, functional assessment data from Atos Healthcare, and appeals data from the Tribunals Service. Figures are only available for appeals that have been completed and not for those that are currently under way.

Data on appeals heard are published for new ESA claims starting between October 2008, when ESA was introduced, and up to the end of February 2010 (the latest month where there are sufficient volumes of appeals heard). Appeals data are only included where the person claiming has been found fit for work, they have subsequently appealed against the Department's decision and the appeal has been heard by the Tribunals Service.

Due to the time it takes for appeals to be submitted to the Tribunals Service and heard, it is likely that there are more appeals that have not yet been heard. As a result these figures should continue to be treated as emerging findings and not final at this stage.