Number of Social Security Appeal Cases Outstanding Almost Doubles In The Last Year

The number of disability benefit tests being overturned on appeal has reached a record high according to information received by the ABC. New data from the DWP shows that the majority of ESA fit for work decisions that are appealed are overturned. 38% of fit for work decisions are upheld, and 62% overturned.

Official figures reveal 68% of all people who ask a tribunal for Personal Independence Payments (PIP) now win their case - 14,188 victories in the most recent three months before Christmas.

The demand for appeals for PIP and other benefits, mainly sickness payment ESA, is now so great that tribunal officials are battling a backlog.

ABC Note: Article 6 of the Human Rights Act 1998 says:  1 In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. It is difficult to see how justice can be delivered in a timely manner if Tribunals are swamped with a backlog of cases, many where both the DWP and the Claimant know the Claimant is going to win.  

ABC Comment: At the ABC we feel that claimants who win tribunal should be entitled to interest on the money not paid to them. We need a way to discourage the DWP from depriving claimants from receiving money that should be paid to them, where if the DWP loses, they suffer no real penalty. If you go to a Tribunal or a Court and lose, you are meant to lose, not be better off having dragged out a matter hanging onto a claimant’s money. The DWP can put this money that they should have paid to a claimant on deposit and thus earn interest. That is just not fair.