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Two Win WCA Legal Challenge

May 22, 2013

 Two people with mental health problems, who claimed the test for sickness benefit would discriminate against them, have won their legal challenge.

A judge ruled the Work Capability Assessment puts people with mental illness, autism and learning difficulties at a substantial disadvantage.

The process is too difficult for many to navigate, a court heard.

The Department for Work and Pensions has said it will appeal the decision.

Work Capability Assessment tests, which measure a person’s entitlement to Employment and Support Allowance, were introduced in 2008 and are carried out on behalf of the government.

The law requires the government to make reasonable adjustments to avoid discrimination.

At Wednesday’s hearing, the Upper Tribunal – which is equivalent to the High Court – was told people who have conditions that mean they lack insight can struggle to gather the right documents, including doctors reports, needed for a successful claim.

Lawyers for the two, whose identities have been protected, argued that where a claim is from someone with a mental health problem, it should be the government’s responsibility to seek additional medical evidence.

One Comment leave one →
  1. May 22, 2013 3:23 pm

    the government are already going to appeal and get it overturned another nail in the coffin with those with mental disorders and probably their death in the long term

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