Work Capability Assessment: Appeals

Work and Pensions written question – answered at on 28 June 2011.

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Photo of Simon Hart Simon Hart Conservative, Carmarthen West and South Pembrokeshire

To ask the Secretary of State for Work and Pensions

(1) how many work capability assessments received zero points on initial assessment and were passed on appeal in the latest period for which figures are available;

(2) how many people received between zero and six points in a work capability assessment and were passed on appeal in the latest period for which figures are available.

Photo of Chris Grayling Chris Grayling The Minister of State, Department for Work and Pensions

Decisions on entitlement to employment and support allowance (ESA) rest solely with the Department's decision-makers who take into account the medical assessment reports from Atos and any other relevant information.

At the work capability assessment (WCA), a claimant's physical function and mental, cognitive and intellectual function is assessed. Within these categories there are a series of descriptors, scoring between 0 and 15 points. Claimants scoring 15 points in any category or combination of categories will be assessed as having a limited capability for work and placed in the Work Related Activity Group (WRAG).

If a claimant appeals against a fit for work decision at initial assessment and the appeal subsequently finds in favour of the appellant, this does not necessarily mean that the original decision was incorrect. In many cases new or additional evidence is provided to the tribunal which was not available to the decision-maker, or the tribunal weighs the evidence differently.

The following table presents the points scored and appeal outcomes for ESA claims received between October 2008 and February 2010, who were found fit for work at the initial WCA and subsequently appealed the decision. Figures are only available for appeals that have been completed and not those that are currently under way.

Points scored at initial WCA, for claims found fit for work where an appeal has been heard by the Tribunals Service
Points scored at initial WCA Claims found fit for work at initial WCA Appeals finding in favour of claimant Appeals upholding DWP decision All appeals heard
0 points 246,700 29,000 56,100 85,000
Between 0 and 6 points 57,000 11,100 12,500 23,600
Over 6 points 25,500 7,600 4,300 11,900
Unknown 6,800 400 1,600 2,000
Total 335,900 48,000 74,400 122,500

The data presented above 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. The “unknown” category refers to claims where no assessment data are recorded—this may be because the WCA was performed clerically. All figures have been rounded to the nearest 100. Appeals data are only available for claims starting up to February 2010.

The above data are consistent with that published in the recent official statistics report: ‘Employment and Support Allowance: Work Capability Assessment By Health Condition and Functional Impairment’. This report is available on the departmental website at the following link:

http://research.dwp.gov.uk/asd/workingage/esa_wca/index.php?page=esa_wca_arc

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