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Half of disability benefits appeals won in tribunal court

In November 2019 the BBC Shared Data Unit reported one in two people who appealed in court against a decision to deny them disability benefits was successful.

In total, more than 550,000 people won an appeal over their benefits at tribunal between 2013 and 2018.

The success rates showed benefits assessments were beset by "poor decision-making" and "obvious inaccuracies", charities said.

The government said only around 5% of all disability benefits claims were overturned.

Our research was raised at First Minister's Questions to Nicola Sturgeon in Scotland on the day of publication and it was put to the Secretary of State at the Department for Work and Pensions (DWP) Thérèse Coffey on the campaign trail on the same day. Coffey said the DWP was trying to address the issues identified in tribunals it had lost and reduce the numbers of its defeats "significantly". Labour's Shadow Minister for Disabled People, Marsha de Cordova and Eleanor Smith, standing in Wolverhampton South West, tweeted that the party would scrap the health assessments criticised by stakeholders in our report, if it won the General Election.

Benefits assessments are carried out on behalf of the DWP by the private contractors Capita, the Independent Assessment Services (formerly called Atos) and Maximus.

Capita and Maximus, two of the private companies who carry out assessments, said the majority of people were satisfied with the process and they worked with charities and disabled people's organisations to improve their services further.

The BBC's Shared Data Unit analysed figures from Freedom of Information responses from HM Courts and Tribunals Service and Northern Ireland's Department for Communities (DfC).

Most of the appeals concerned Employment Support Allowance (ESA), which is paid to people unable to work because of illness or disability; the Disability Living Allowance (DLA), which is paid to people with extra care or mobility needs; and Personal Independence Payment (PIP), which was introduced to replace DLA

The analysis found:

  • About 553,000 successful appeals were heard at tribunal about disability, sickness and incapacity benefits out of 981,000 from 2013 to 2018
  • Last year, around two thirds of cases heard in Great Britain found in favour of the claimant. In Northern Ireland, the figure was around 54% in 2018-19

The Shared Data Unit makes data journalism available to news organisations across the media industry, as part of a partnership between the BBC and the News Media Association. Stories generated by the partnership included:

The story was also used by the BBC national TV news at 1pm, Today - BBC Radio 4, Afternoon Live - BBC News Channel, BBC Reporting Scotland, Wales Today, BBC South Today, BBC Look North (Newcastle), BBC Wales online, BBC Tees, BBC Radio Ulster, BBC Somerset, BBC Radio Kent, BBC Radio Solent, BBC Radio Suffolk, BBC Radio nan Gàidheal - Naidheachdan, BBC Radio Foyle and Radio Scotland

Get the data

Visualisation

  • Line chart: Percentage of tribunal decisions in appellants' favour from 2013-18 for Great Britain and Northern Ireland
  • Line chart: Drop in all benefits appeals to First-tier tribunal in the year after Mandatory Reconsideration and legal aid cuts took effect

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