First figures on ESA mandatory reconsideration ‘show it is just a delaying tactic’


Official figures suggest that a new appeal stage introduced for unsuccessful claimants has been little more than a delaying tactic aimed at reducing the number of disabled people claiming benefits, say campaigners.

The Department for Work and Pensions (DWP) has finally published statistics showing the impact of the process on claimants of the out-of-work disability benefit employment and support allowance (ESA).

Since October 2013, claimants of ESA and other benefits who want to dispute a decision made on their claim have had to ask DWP to reconsider the decision – a “mandatory reconsideration” (MR) – before they are allowed to lodge an appeal with the independent benefits tribunal system.

And now the first MR figures to be published by DWP show that only about 10 per cent of ESA claimants who appeal through the MR process are successful.

When MR was first introduced, DWP civil servants were overturning more than 40 per cent of ESA decisions.

But that figure has now fallen dramatically, and in the last year only 11 per cent of decisions have been “revised and allowed” – out of more than 10,000 MRs a month – with the proportion dropping even further in the first months of 2016.

For claimants who dispute being found fit for work, the success rate is even lower, although it is not possible to calculate from the figures published so far how it has changed since October 2013.

Campaigners and benefits experts have stressed that it is not possible to draw firm conclusions from the figures because it is not yet clear how many of those claimants turned down at the MR stage went on to be successful at a tribunal.

But they suggested that the figures show the MR stage is simply delaying the benefits process, and pushing disabled people already at risk of poverty into greater hardship.

Stef Benstead, lead researcher on Beyond the Barriers, the report by the online Spartacus network that called for a replacement for the “inaccurate, unreliable and invalid” WCA, said the latest overturn rates of about 10 per cent – far lower than the more than 50 per cent of independent tribunal appeals that succeed – suggest that the MR system is not working successfully.

She said: “This suggests that the MR is functioning mostly as an additional layer of bureaucracy, with little to no positive effect on the speed of correct decision-making.

“Given the fall in numbers being assessed as fit for work, an intermediate step like the MR seems no longer necessary as an attempt to speed up the overall appeal process.

“This may be a good time to scrap the MR and return to the old system, which allowed the DWP to revise decisions before they reached tribunal and forward the remainder on directly, thus streamlining the process for the claimants.”

But she added that many more people were now being placed straight in the ESA support group after their WCA – 60 per cent – than when ESA was first introduced, which meant fewer people were having to use the appeals process.

Welfare rights expert Nick Dilworth said in a blog that the introduction of MR had led to a huge fall in the number of appeals heard by tribunals.

But he said that nearly three in five ESA appeals to tribunals were still proving successful, despite the introduction of MR.

He said his conclusion was that MR was “a total waste of time and designed to put you off appealing”, and was succeeding in this aim even though 58 per cent of those who do still appeal to tribunals are winning their cases.

He told Disability News Service that it would be difficult to draw wider conclusions until DWP had published the latest statistics on WCA outcomes, but that the MR statistics were “alarming” when compared with the proportion of claimants proving successful at tribunal.

Dilworth said that, based on anecdotal evidence, be believed that many disabled people were being discouraged from appealing and “simply do not have the energy or means to battle the DWP in their relentless efforts to find the sick fit for work”.

He said this often leads to cases in which people are found fit for work, and cannot cope with the jobcentre and the conditions placed upon them, and then become so unwell that they either give up claiming benefits or have to lodge a new claim because their condition has significantly worsened.

He said: “MR is not working. No amount of trying to put right a wrong decision is ever going to work unless you get down to the root of why these often absurd decisions are being reached in the first place.”

Rick Burgess (pictured), from Manchester Disabled People Against Cuts, said he believed MR was just a “rubber stamp for the original decision”, and “a delaying tactic” designed as “just another whittling down of people” by making the “tortuous” process “so abusive it is too difficult for people to navigate”, and leaving them “at profound risk of homelessness, starvation and death”.

Michelle Maher, co-founder of the WOW petition, pointed to the number of requests for MRs – and the number of MRs turned down – in February, March and April this year being the highest yet.

She said the figures suggested “a tightening up of the WCA”, which “just breeds immeasurable stress to all of us and again the Tory duty of care to us thrown out of the window”.  

Pat Onions, founder of Pat’s Petition, said: “The DWP are operating a system that runs under rules that they invented and that they interpret.

“The DWP are judge, jury and defendant in all these appeals for reconsideration.

“It’s their self-contained world and a mystery to everyone else. We would have to understand it to make constructive comment.

“The system bears little relationship to reality in the labour market and the real world. It’s time for a new system that means something real. Then we could comment.”

A DWP spokesman said the department would not be scrapping the MR process.

He said: “The fact that nearly 90 per cent of decisions were not overturned last year shows that in the majority of cases decision-makers are getting it right first time. 

“It is important to remember that mandatory reconsiderations were introduced to make the system as fair as possible for those going through it.”

He denied that the WCA had been tightened up to make it harder to claim ESA since the beginning of 2016, and insisted that “no changes have been made to the WCA”.

Asked why there was such a low success rate for MRs when the success rate for ESA tribunals was consistently at 58 per cent, he said: “The majority of decisions are overturned at appeal because of the claimant’s oral evidence or new written evidence is presented at the hearing.”

  • User Ratings (19 Votes)
  • Mwxxx .

    As any tech support will tell you –
    “If all else has failed then try reading the ******* manual”

    Google – Fraud Act 2006, Misconduct in Public Office, Vulnerable Adult Abuse, Witness Intimidation, Perverting The Course Of Justice.
    Then call the police.

    All of the hot air blowers mentioned in the above story know that, why won’t they tell you?
    Politics before people.

  • Penel

    Charities are now having to spending a lot of time on forms and appeals at the expense of making a positive contribution to improving people’s lives, CABs are overloaded.

  • caryl

    so 90% are not winning their cases……put that against the 65% the disabled tribunial sites say are winning their cases just doesnt add up does it.But since when has the westminster lot ever told the truth…stick with it guys we ARE winning our tribunials…thats why they are trying to scupper them

    • Nic

      You’re talking about two different stages of the process. Stage 1) Initial Assessment, then if it doesn’t go your way, Stage 2) Mandatory Reconsideration by a second decision-maker, and then if it still doesn’t go your way, Stage 3) full-blown Appeal with a tribunal.

      90% of people are failing to win at the Mandatory Reconsideration stage of the process, and therefore have to continue to the Appeal tribunal stage (at which point, 65% or so win their case).

  • Nic

    For what its worth, I’ve used the reconsideration stage about five or six times (both before and after it became mandatory), and only once did it fail to get me a better result. Admittedly, it’s not good for first-timers, who don’t get paid any benefits until it’s all sorted out, but I really like having it available. It’s so much less stressful and has so much less paperwork involved, than going to full-blown appeal.

    I have a suspicion that the biggest sticking point at which it’s failing people, is that there’s a lack of knowledge and advice about how to use it. I get the impression from other people that all too many of those undertaking a mandatory reconsideration are assuming that you ask the DWP to reconsider the same information they already have, when actually, you get most benefit by putting in as much new (or reinforcing) evidence as possible (like letters from family and friends, not to mention doctors if the DWP has so far failed to ask them!). I’ve always started by demanding their decision-making records of my case, so that I can see their reasoning (at one point I had to phone back and tell them that their letter of reasons was ridiculously circular – “Nic doesn’t qualify because Nic doesn’t meet the qualification”(!!) – and I deserved the actual reasoning of how and why I did not qualify, even if that was merely in note form), and then framed my argument around a letter detailing their failure of logic, line by line and reason by reason.

  • Nik Gnomic

    I am working on an appeal now.
    Notified i was being disallowed benefits last December
    Decision revised and good cause agreed in January, they just never got round to telling me
    Then in February a conversion decision that disallowed again – bit lacking in the tick-boxes and signature sections, but i did get a letter (2 months later)
    The Mandatory Reconsideration when i did get to it was a joke – looks like they drafted the letter first, then just copy/pasted it into the decision form – and now the decision from January apparently failed to find good cause!!
    Once all this goes on the record at tribunal hearing, I will have a full story of the whole sordid tale

  • weirdvisions

    In April last year I attended a disability assessment. I have a long standing, degenerative spinal injury that is inoperable and very limiting because of the pain. Standing, walking or even sitting for more than half an hour is hell. Yet, thanks to a so called trained disability analyst who claimed to see things that are physically impossible for me to do, I was awarded zero points.

    I successfully challenged the decision and the assessment was set aside by a first-tier tribunal as being “unreasoned”. Unfortunately I was placed into the WRAG and not returned to the Support Group. I appealed to the Upper Tribunal and they are currently investigating my Point of Law – I believe the court made a mistake by having me placed into the wrong group. All this because of a “medical practicioner” whose blatant unethical behaviour should never have allowed him to be anywhere near a disability assessment centre.

    Yesterday I received a letter stating that even my reduced amount of ESA will be stopped shortly. I’ve written to them explaining that an appeal is still ongoing. Meanwhile I have to go through the motions of yet again requesting the legal farce known as a Mandatory Reconsideration before I am forced to lodge a second appeal regarding the withdrawal of ESA. I am not optimistic about them listening to reason since they have completely failed to do just that for the last ten months. Apparently the “evidence” of a mendacious report trumps the opinion of three orthopaedic specialists and the physical evidence of X-Rays and MRI scans.

    In short the entire situation has been one long, shoddy trainwreck courtesy of the DWP from the outset. And even if the Upper Tribunal rules for me I will have to be subjected to the same vicious obstacle course in just over a year’s time. The system will not tolerate the idea that there are people who are genuinely unfit for any kind of work.

    You might win your First-tier tribunal. It doesn’t mean that the vindictivness of this unfair system is going to end.

    And there’s a political IED in the pipeline. From April this year those who are forced off ESA and into unsuitable employment they cannot realistically perform will have to make a fresh claim for ESA. The cap for new claims will match Job Seekers Allowance. Disabled people are going to be worse off one nefarious way or another. This disgusting practice is highly discriminatory and must be challenged.