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Dismissal of further medical evidence case on the work capability assessment and discrimination, but upper tribunal administrative appeals chamber criticises minister.

What: The upper tribunal administrative appeals chamber dismisses the claims of the two individuals in the further medical evidence court case, saying they had not proved they personally experienced discrimination from the WCA process, but it says that the test did discriminate against some disabled people. It also concludes: “We have found the early responses of the Secretary of State to the evidence-seeking recommendation and his developing position on what he proposed doing to implement it frustrating. Given his stance and arguments on the merits of these claims it seems to us that he could have formulated his response to that recommendation more clearly and progressed pilots to implement it more quickly as part of his commitment to take account of such recommendations and to make appropriate improvements to the scheme.” It also says: “We express the hope that the Secretary of State will carry out his proposed pilot as soon as possible. In our view, the evidence it will provide is clearly needed to inform what (if any) reasonable steps should be taken by the Secretary of Stage in respect of the substantial disadvantage to claimants who suffer from mental health problems that we have found to exist.”

Why significant: Further evidence of DWP frustrating attempts to make the WCA process safer and prevent further deaths.


'Activist felt ‘violated’ after judge used Google to compile dossier', Pring, 2015