DWP APPEALS

The DWP has been struggling for years with inaccurate assessments and accusations that some people are overclaiming. This has led to many claimants facing having to repay tens or even hundreds of thousands of pounds or prison. To effectively defend against the DWP the claimant needs a report that explains why the problems occurred. 

The reasons for the problems suggested include: 

  • Complex forms. Forms such as attendance allowance are easier to complete than PIP but few disabled people are able to complete the forms alone.  

  • Poor quality assessments. Mismatch between the claimant’s disabilities and the assessor’s expertise and rushed assessments can decrease the accuracy. 

  • Activities of daily living. Using activities of daily living as a proxy for functional restrictions means that the report can oversimplify a person's disability. 

  • Non medical decision makers. Applying functional criteria can require understanding of the medical condition and lead to inconsistencies in decisions. 

  • Tribunals overturning decisions. The law does not recognise subtleties in the language of disability and a tribunal decision does not protect the claimant from later challenge. 

  • Subjectivity. People’s statements are open to interpretation and can be truthful but misleading. 

  • Legal costs. No funds are available to assist the claimant and legal costs are proportionate to the seriousness of the likely finding against the claimant. 

  • Biased advice. There is little professional oversight in disability advice and some use loopholes in the system to get a more favourable results. 

Disability analysts can identify the likely functional restrictions at each stage of the claim. They can provide explanations for the inconsistencies in a single report based upon an assessment of the person and their records. For those who cannot afford to instruct a full legal team the disability report is an alternative. 

The report takes several hours to write and considers evidence not available to the DWP assessor. By looking at functional restrictions the analyst can give a full description of the person’s disabilities. This methodology allows the analyst to provide an authoritative level of detail. The report is robust and independent and is an essential part of ensuring a just outcome.