4 December 2013

Court of Appeal upholds ruling that the Work Capability Assessment discriminates against some disabled people.

What: The Court of Appeal upholds the decision by the upper tribunal that the WCA discriminates against some disabled people, but it also finds that the tribunal was wrong in law to order DWP to investigate the reasonableness of a recommendation about seeking further medical evidence. The two claimants are told they will have to return to the upper tribunal so that it can determine how DWP should address the discrimination in the system faced by people with mental distress The upper tribunal had found a series of ways in which they experienced problems with the WCA system.

Why significant: Further evidence that the WCA is discriminatory.