Page 54 - Reforming Benefits Decision-Making

and inconsistently. Claimants do not always share relevant information,
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either because they don’t feel comfortable doing so or aren’t aware of the
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easements they may be entitled to. Work coaches should therefore ensure
that they ask the relevant questions to identify whether an easement may be
applicable. Evidence suggests that they are not doing this, partly because they
do not know how someone’s requirements might need to be adjusted in
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response.
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2.62 In MM & DM v DWP, the Court of Appeal upheld a finding of the Upper
Tribunal that the ESA application process substantially disadvantaged
claimants with mental health conditions. The Upper Tribunal had found that
there was a risk that information provided by the claimant may not indicate
the true nature and extent of their mental health condition. This is because
people who suffer from mental health conditions may be unable to describe
properly its effects or may lack insight into their condition. They may also be
less willing to self-report because of shame or fear of discrimination. It also
found that the process of applying for benefits causes greater stress and
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anxiety to this group than others. The same reasoning also applies to the
process for setting claimant commitments and applying easements. This is
why input from specialists is crucial. However, we were told by consultees
that work coaches often don’t appear to have sufficient knowledge of mental
health conditions and how they impact someone’s ability to work. This is
likely to be an even greater issue given the detrimental impact that the
pandemic has had on people’s mental health. We therefore welcome the
DWP’s announcement of an additional 315 Disability Employment Advisers
in jobcentres across the UK.
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144 Work and Pensions Committee, Benefits Sanctions (see n. 11 above) para 92; Welfare
Conditionality, Final findings report: Welfare Conditionality Project (see n. 121 above) p.24.
145 N. Bond et al., The Benefits Assault Course (see n. 50 above) p.31.
146 Work and Pensions Committee, Benefits Sanctions (see n. 11 above) para 93.
147 [2013] EWCA Civ 1565.
148 Ibid, paras 31 and 59 to 69.
149 DWP and J. Tomlinson, ‘Government unveils new support for disabled jobseekers’ (7 April 2021).

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