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i is wo w ile a ealin

s ecisions

A high number of decisions made by the Department for Work and Pensions
(DWP) are overturned in favour of the claimant by social security appeal tribunals.
The numbers are especially high in appeals involving disability benefts,
including Personal Independence Payment (PIP), and ‘limited capability for work’ in
Employment and Support Allowance (ESA). a lie allanan explains why following
what can appear to be a dauntng process is worthwhile.

e os ecen a eal s atstcs s ow friend or carer that person will not usually These are usually questons about their
T a in o e sonal n e en ence contribute to proceedings unless invited disabilites and any other health
a en cases an o by the judge. But they may be asked to conditons, followed by questons relatng
lo en an u o llowance help out a claimant who has trouble to the qualifying conditons for the
cases ecisions e e a en answering the questons. beneft. So, for example in PIP appeals,
o o k ensions we e c an e the claimant is asked about how they
in e clai an s avou . ese ene s A more formal representatve can also manage their daily living needs, such as
o e e o e vas a o i o e accompany the claimant. They may, preparing meals, washing and
o al nu e o cases ea social for example, be a paid or voluntary communicaton. The judge will take notes
secu i a eal i unals. worker for Citzens Advice or a charity, and may interject occasionally and ask for
or may work for a law centre or as a clarifcaton on a point. If there is a
The statstcs about outcomes in disability solicitor. They may prepare a writen presentng ofcer they may ask some
beneft and ESA appeals repeatedly show submission to explain the claimant’s case questons of the claimant, but sometmes
that the claimant is much more likely to be for the tribunal to read in advance. even when they atend they do not
successful if they are able to atend their During the hearing they can ask the ask any.
appeal hearing and give evidence in claimant questons to draw out relevant
person, rather than where the appeal is evidence, and may make oral submissions EVIDENCE
decided on the writen evidence only. on why they believe their client’s appeal Once all partes, including the claimant’s
representatve, are satsfed that they have
should succeed.
However, the idea of appearing in front of asked all relevant questons, and given any
an appeal tribunal can feel quite dauntng evidence or submission that they wish to,
to many of our clients. So it is helpful to When our clients get a all partes except the tribunal members
advise anyone planning on atending one wrong inital decision on leave the room. They then sit alone and
on exactly what and who is involved in a their ESA or disability beneft discuss the evidence before coming to a
disability or ESA appeal hearing. decision together. The tribunal’s role is to
it is ofen crucial to their look at all the evidence and make a
material and mental well-being decision based on ‘the balance of
The hearings are supposed to be as to pursue challenges to get probabilites’. The claimant is then either
informal as possible. They usually take the correct outcome. called back into the room to be given the
place in ofces or in rooms in court members should have read all of the decision, with writen confrmaton, or may
buildings, with all partes sitng round be told the decision will be posted to them
a table. Before the hearing starts the tribunal within a few days.

The tribunal members are independent writen informaton and evidence in the When our clients get a wrong inital
of the DWP. A legally qualifed member – claimant’s appeal fle. This includes the decision on their ESA or disability beneft it
the judge – and a doctor hear ESA appeals. DWP’s explanaton of its decision, forms is ofen crucial to their material and mental
Disability beneft appeals have a ‘disability completed by the claimant, reports about well-being to pursue challenges to get the
member’ in additon. The only other any face-to-face medical assessment, correct outcome. And, if the statstcs don’t
person who may normally take part is a and leters from doctors. lie, then it is more likely than not that it’s
presentng ofcer from DWP. Their role is worth their while pursuing their claim as
to act as a ‘friend of the court’ and assist Afer introductons have been made the far as appearing before an appeal tribunal.
the tribunal to come to the correct judge may ask the claimant (called the
decision, not to defend the original appellant) or their representatve for o u e in o aton on a eal
decision made by DWP. More presentng clarifcaton on what specifc outcome is a licatons an a eal ea in s
ofcers have been recruited recently to being sought. Then the main part of the o n e . c s o n e .
partcipate in hearings but there are stll hearing takes place. This usually involves ustce. ov.uk sscs a-en .
not enough to atend every hearing. the doctor and the disability member
asking the claimant lots of questons Charlie Callanan is a welfare rights
The claimant may be accompanied to the about their circumstances at the date adviser with over 16 years’ experience in
hearing. If they atend with a partner, that the original decision was made. the statutory and voluntary sectors.

Vol 31 No 2 | Winter 2017 o uni Living www.cl-initatves.co.uk