Mar 102018
 

This article has been triggered by a post from Joe Halewood who is absolutely right to highlight the shockingly low numbers of people appealing a benefit decision, and especially PIP https://speyejoe2.wordpress.com/2018/03/09/tory-policy-deliberately-shafts-half-a-million-disabled-persons/

It is worth looking at the numbers to understand the scale of the issue, and to compare the situation under DLA and PIP.

The main difference between the 2 benefits, apart from the descriptors, which with PIP were meant to lead to a reduction of 500,000 fewer claimants, is the introduction of Mandatory Reconsiderations. Mandatory Reconsiderations are a system of internal appeals, designed to reduce the number of appeals by reviewing and revising if necessary a benefit decision within a shorter timeframe. Where appeals could take one year or even 18 months these days to be heard, a mandatory reconsideration can take around 10 days, because the government has imposed targets. That is the good news. The bad news is as for sanctions, mandatory reconsiderations are under the direct influence of DWP Secretary of State, and are not independent. The initial benefit decision is supposed to be reviewed by a different Decision Maker, but  around 84% of initial benefit decisions are being upheld, which leaves a claimant with only one option: to appeal.

The problem is that very few people appeal, and it is obvious that Mandatory Reconsiderations and the Kafkaesque system put in place by DWP, which makes it as difficult as possible for a claimant to get some kind of justice, plus the mistakes and the incompetence of many DWP staff, constitute a real denial of justice. Let’s crunch some numbers:

Before the introduction of PIP in 2012, there were 3,253,810 DLA claimants, but only 71,744 appeals, which is 2,20%. Let’s remind ourselves that claimants could directly ask for an appeal and that DWP would lodge it on their behalf. Now let’s compare this situation with PIP today.

In 2016/2017, there are only 1,409,027 PIP claimants (and still 2,263,162 DLA claimants), and the number of Mandatory Reconsiderations is 669,000. This means that almost ½ the people undergoing a PIP assessment are dissatisfied with the outcome and ask for a Mandatory Reconsideration. Knowing that 80% of mandatory reconsideration upheld the initial PIP decision, you would expect around 535,200 PIP claimants lodging an appeal. In fact, the number is 104,205, which only 19% of the number of claimants expected to appeal.

But what needs to be done is to compare more directly the DLA and the PIP situation:

2012                       3,253,810 DLA claimants                                                                71,744 appeals

2017                       1,409,027 PIP claimants                 669,000 MR                         104,205 appeals

Without Mandatory Reconsiderations, the number of PIP claimants lodging an appeal would have been 669,000. If the level of overturned PIP decisions is maintained (64%), it means that 424,160 PIP claimants would have had a PIP decision overturned in their favour.

That is a real denial of justice.

 

 

 

 

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 Posted by at 13:07

  4 Responses to “Why the low numbers of PIP appeals is a denial of justice”

  1. I have not posted here in some time as my health continues to decline and I am going through the whole PIP process, PIP,(Feb 2017) mandatory reconsideration (June 2017) and 2 weeks away from my Tribunal.(April 2018)

    Each step of the way, ATOS and DWP, have lied, misrepresented facts, twisted, and committed blatant fraud without any consequences.

    Shocking is the blatant fraud and misrepresentation by the DWP themselves.

    It is a massive struggle for me dealing with such a corrupt system, both ATOS and the DWP have no shame and are utterly dishonest.

    I think I have a very strong case if someone wants to sue them or challenge them in court or newspapers?

  2. Mrs Stapely.

    I went through a year of hell with something similar for ESA.
    I know it’s devastating for you, your son & your family but please please please, do not let these inhumane robots beat you. Never give in, that’s exactly why they make it unbearable for you, they hope you’ll just give in.
    My heart goes out to you!
    God Bless & please keep fighting till you get the justice you deserve!!!

  3. My son (epilepsy, Type 1 diabetes, Graves disease, virtually no endocrine system and hypo unaware) was on DLA from age 6. At age 20 in 2015, he applied for PIP. Scored 0 at assessment. Failed MR. Appealed and won enhanced rate for 2 years.
    Fast forward to 2016: No change in health. Filled out forms with legal help. Payments stopped 10 months ago. Had another assessment. Scored zero. Assessment seriously flawed. Failed mandatory reconsideration. Waited from July 2017 to yesterday 9 March 2018 for tribunal. Won tribunal yesterday and got 10 month’s back pay. BUT: Unbeknownst to us, his original PIP expired in the long wait for the tribunal and we have to reapply for PIP. We know the drill: Fill out form, wait. Go to a cecond assessment in less than a year, score zero, do the MR, fail, wait another 10 months for tribunal. Rinse and repeat. Shocking. The toll it has taken on our family is unbelievable.

    • i so feel for you and your family ive been going roind this vicious circle for nearly 7yrs and took its toll on our family..Got kicked off E.S.A they owed me 1,000 but i just didnt have the fight in me due to health,had a support worker who helped is with alot but as usual goverment cuts an i lost her so just didnt have the fight in me to appeal..My partner whos been my full time carer for 7yrs had to claim I.S but due to P.I.P being stopped had to go C.A.B for help and he said that i should claim E.S.A again…NOOO i said ive been on an off it for 7yrs going to assessments to be kicked off it anyway i nearly took my life over it all..i didnt ask to be in pain 24/7 an the fibro destroy my life and become weak,scared,in so much pain you dont want to live and taking so many tablets to try an ease the pain..Our girls seeing me in so much pain crying an seeing them upset…Those who make these decisions dont see all this,dont want to hear what you have to say, or care as long as they get the bonuses an happy lives i just hope one day they may need the help and see what its like to have money stopped an be without… More needs to be done to stop this discrimination against those who genuinly need the help…I hope you and your family stay strong it has put us all through alot over the years but it has also made us a very strong family you have to try an stay strong an positive as best as you can its enough dealing with the illness let alone all what they put us through an the C.A.B are amazing an love taking on DWP not may have good things to say about them..So fully recommend their help…sorry ive rambled on a bit on your post x

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