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PIP appeals now outnumber ESA appeals and success rates keep climbing

The latest statistics from the Ministry of Justice show that, for the first time, more personal independence payment (PIP) appeals are being lodged than employment and support allowance (ESA)appeals. The success rates for claimants appealing a PIP decision have also increased dramatically.

Appeal numbers begin to climb
In the first quarter of 2015/16 the number of ESA appeals lodged was 13,502. But in the same quarter 14,751 PIP appeals were lodged, making PIP the most appealed benefit for the first time.

ESA appeals have fallen from a high of 111,795 in the first quarter of 2013/14 to a low of 8,703 in the first quarter of 2014/15 and have since begun rising slowly again to their current level.

The massive drop is primarily due to the introduction of the mandatory revision before appeal system, which makes it much harder to get to the stage of lodging an appeal.

Overall, tribunal numbers are on the rise again, however, after a massive slump following the introduction of mandatory reconsideration before appeal.

They fell from a high of 160,077 lodged in the first quarter of 2013/14, down to 22,687 in the first quarter of 2014/15. In the first quarter of 2015/16 they had risen to 38,828.

This is still less than a quarter of the previous level and what is still not clear is how many mandatory reconsiderations are taking place and what proportion of those are successful.

More claimants win their appeals
Disability living allowance (DLA) appeal success rates for claimants have risen over time, although the number of appeals decided has fallen dramatically.

In the first quarter of 2013/14, the success rate for DLA claimants was 40% of 16,229 appeals. This has risen to 56% of claimants winning 2,435 appeals in the first quarter of 2015/16.

The picture for ESA is very similar.

ESA success rates have risen from 42% of 77,289 appeals in the first quarter of 2013/14up to 58% of 12,101 appeals in the first quarter of 2015/16.

PIP success rates for claimants have risen from 26% of 81 appeals in quarter 4 of 2013/14 – the first time there were any PIP appeals - to 57% of 7,931 appeals in the first quarter of 2015/16.

The proportion of claimants who have won their PIP appeal has risen every quarter until they are now on a par with DLA and ESA appeals.

This is puzzling.

Mandatory reconsideration mystery
Mandatory reconsideration before appeal was introduced for PIP in April 2013 and for DLA and ESA in October 2013.

This should mean that all the most obvious wrong decisions by the DWP are overturned before they ever get to appeal. This should mainly leave the less likely to succeed and hardest to judge appeals going forward to tribunal.

In those circumstances you would expect the DWP’s success rate to increase. It is undoubtedly what the DWP expected to happen. Instead it has fallen considerably.

It is clear we need to know a lot more about what is happening at the mandatory reconsideration and appeal stage. But, as ever, the DWP are trying to keep those figures as vague and inaccessible as possible.

Benefits and Work is now attempting to obtain more information about mandatory reconsiderations. Meanwhile, the message is clear: appealing is very definitely not a waste of time.

You can download the latest tribunal statistics from this page.

Comments  

#10 Tiger 2016-07-27 19:48
What is a PO as I won my PIP tribunal appeal on the 22nd July and currently waiting on DWP letter saying when I will get my money.. Well when I was there they was a judge a doctor and a disability expert who is in charge off point scoreing
#9 Kasbah 2015-09-30 13:09
Quoting tiff:
I have just been awarded the lower rate on mobility. They awarded me 10 points for my walking ability, which was fair, on a good day ( I DONT HAVE GOOD DAYS ) I can walk between 10 and 50 mts using my walking stick. I cant use a bus and I got on 1 about 1 year ago and the downstairs was full and as I cant climb stairs I had to get off at the next stop and phone my sister for a lift home. Since then I haven't even tried to use a bus so to me I cant plan and follow a route of a journey unaided. does anybody know if I am right PLEASE.
I also get the lower rate of daily living BUT I cant understand why I dont get the enhanced rate.
I told them I need help to get in and out of the bath which gives you 3 points they give me 2 points ?
I have arthritis in my thumb on the left hand and need my food cutting up for me to eat because I cant hold a knife properly in my hand. they didn't give me any points.
I need help to sit on and help to get off the toilet. I was given 2 points and should have been given 4 points.
the total amount of points I were given was 10 BUT I believe I should have received at least 4 to 5 points more which would have given me the enhanced rate for daily living.
Can anybody give me advice on if I should appeal both daily living and mobility lower rates I have been given.


HI Tiff

Sorry to hear you have had such an unfair DWP PIP decision. If you want to appeal you have to let the DWP know- they will send you a form to fill in. I'd suggest strongly that you contact an organisation that can advise and support you through the process- there are several around. Google it to find one ( I don't know whether you live in Wales, England, Scotland). Good luck and take care.
#8 E Thomas 2015-09-28 17:29
tiff - I don't know how to do this quote thing but it seems to me regarding your bus problem that it is a physical problem and not necessarily a mental problem of being unable to plan a journey unaided - it sounds like you knew which bus you could take and where it went without any mental confusion from what you have written so that may be why you didn't get those points.

One reason I gave up driving because I would find myself on a familiar route and suddenly I wouldn't know where I was even though it was a route I took many times - this was very frightening disturbing and disorienting. I think that may be the kind of thing they mean but I'm not sure I would get the points for that either.
#7 tiff 2015-09-23 13:47
I have just been awarded the lower rate on mobility. They awarded me 10 points for my walking ability, which was fair, on a good day ( I DONT HAVE GOOD DAYS ) I can walk between 10 and 50 mts using my walking stick. I cant use a bus and I got on 1 about 1 year ago and the downstairs was full and as I cant climb stairs I had to get off at the next stop and phone my sister for a lift home. Since then I haven't even tried to use a bus so to me I cant plan and follow a route of a journey unaided. does anybody know if I am right PLEASE.
I also get the lower rate of daily living BUT I cant understand why I dont get the enhanced rate.
I told them I need help to get in and out of the bath which gives you 3 points they give me 2 points ?
I have arthritis in my thumb on the left hand and need my food cutting up for me to eat because I cant hold a knife properly in my hand. they didn't give me any points.
I need help to sit on and help to get off the toilet. I was given 2 points and should have been given 4 points.
the total amount of points I were given was 10 BUT I believe I should have received at least 4 to 5 points more which would have given me the enhanced rate for daily living.
Can anybody give me advice on if I should appeal both daily living and mobility lower rates I have been given.
#6 Kasbah 2015-09-20 23:39
The DWP were insisting on in-house reconsideration s before these mandatory reconsideration s were brought in! I told them many times in 2012 that i did NOT want them to reconsider their decisions for my benefis in-house but they insisted. Surprise surprise DWP stuck with their initial decisions so I had to take both to Appeal where the Tribunals overruled DWP's decisions and I got what was owed to me. It took fourteen months to get to this point. What a load of ********.
+1 #5 Bill24chev 2015-09-17 14:10
Quoting Elaine Burrows:
Mandatory reconsiderations seem to be about rubber stamping the original DWP decisions - with a token effort to contact claimants to ask for additional evidence. The idea that it was put in place to facilitate better decision making by the DWP is risible.The government has made no secret of its aim to have less people in receipt of PIP than were in receipt of DLA. So far,the failure rate of new PIP claims is running at around 50%. Those currently in receipt of DLA and having to reapply for PIP have a roughly 30% chance of their claim being rejected.
Now the government is planning further changes to ESA because their plan to reduce the numbers claiming sickness benefit has failed.
Mandatory reconsiderations were introduced to put an extra hurdle in place to deter claimants from fighting for their rightful entitlements. The DWP has relied on claimants not knowing their rights or being discouraged by the long route to appeal.


Son just has MD for PIP. No change in decision Nil points for all activities. DM stated that they had looked carefully at his claim but could not have done because they stated no new evidence. He could not have looked "carefully" because the was a raft of new evidence including medical evidence.

Also we made references to the law ( HCP had not even considered Mobility Activity 1 because she said it only applied to learning disability/cogn itive impairment.) This is important in my sons case because he suffers from Mental health issues.
+5 #4 VOR_Stally 2015-09-14 08:51
Quoting vision:
The number of appeals that are allowed shows that there is something fundamentally wrong with the whole system, from the assessment to the decision making.
The assessors should be fined heavily for each case overturned, that ought to get results!!! and concentrate on accurate assessments.
The fines would pay for the costs of all these tribunals plus a heavy penalty for gross negligence.


+1 from me on that idea! I am due in court this afternoon to appeal against some fundamentally poor decision making. In my case the DM has confused DLA criteria with PIP criteria and ended up in a complete muddle.
+5 #3 Elaine Burrows 2015-09-13 20:42
Mandatory reconsideration s seem to be about rubber stamping the original DWP decisions - with a token effort to contact claimants to ask for additional evidence. The idea that it was put in place to facilitate better decision making by the DWP is risible.The government has made no secret of its aim to have less people in receipt of PIP than were in receipt of DLA. So far,the failure rate of new PIP claims is running at around 50%. Those currently in receipt of DLA and having to reapply for PIP have a roughly 30% chance of their claim being rejected.
Now the government is planning further changes to ESA because their plan to reduce the numbers claiming sickness benefit has failed.
Mandatory reconsideration s were introduced to put an extra hurdle in place to deter claimants from fighting for their rightful entitlements. The DWP has relied on claimants not knowing their rights or being discouraged by the long route to appeal.
+6 #2 carruthers 2015-09-13 19:37
Mandatory Reconsideration was advertised as a way to put right decisions which would obviously be reversed on appeal. That was a fairly sensible idea (though getting it right 1st time would have been even better).

I have wondered if the DWP ever really intended MR to perform this useful function. Certainly the way it is implemented would suggest not (though I await your figures with interest).

As I understand it, during MR the claimant does not receive any money, but does get money when their case is going to appeal. MR was "advertised" as likely to take 2-3 weeks, but I believe it takes longer. This is very convenient for the DWP.

Firstly it can save them money.

Secondly it can mean that people with a lower award can be discouraged from trying for a higher one because they may have to wait many weeks with no income, but with a likelihood that they will get nothing out of MR except access to the appeals process.

Thirdly it adds one more layer of bureaucracy which may intimidate or discourage people already stressed by the original application.

And if it adds more work to the already stressed DWP staff who actually deal with forms and claimants, then that's no skin off the nose of either the senior civil servants or the politicians who actually make these policy decisions.

It adds one more thing that IDS can stand up in the Commons and use to show how reasonable he is being.
+10 #1 vision 2015-09-12 13:10
The number of appeals that are allowed shows that there is something fundamentally wrong with the whole system, from the assessment to the decision making.
The assessors should be fined heavily for each case overturned, that ought to get results!!! and concentrate on accurate assessments.
The fines would pay for the costs of all these tribunals plus a heavy penalty for gross negligence.

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