Page 139 - JUSTICE and AJC Report - Reforming Benefits Decision-Making

Training – reasonable adjustments

22. There should be specific training for assessment providers, work coaches and
anyone who comes into contact with claimants (including on phone lines) on
reasonable adjustments as well as a clear policy and guidelines on how to
identify where a reasonable adjustment may be required and the types of
reasonable adjustments that could be offered to claimants. Similarly, specific
information on reasonable adjustments that may be available at each stage of
the process should be provided to claimants (para 2.103).

Feedback from tribunal decisions

23. The DWP should urgently analyse Tribunal decision notices and collect data
on the reason(s) for all successful appeals in order to identify recurring issues
with initial decision-making. The DWP must then use this information to
make improvements in areas identified as being problematic (para 2.107).

Routes of redress

Mandatory reconsideration

24. Claimants should be able to appeal a benefits decision directly to the Tribunal
without first having to go through mandatory reconsideration. However, the
filing of an appeal should automatically trigger an internal review of the
decision by DWP. If the outcome of that review is not in the claimant’s favour
their appeal will proceed without them needing to take further action (para
3.22).

25. Where the appeal relates to PIP or a WCA the reviewer will also have the
benefit of the audio recording of the assessment, and it should be a
requirement that they listen to it at this point (para 3.24).

Appeals

26. The wording of decision letters (and mandatory reconsideration notices whilst
they are retained) should make claimants aware that if they miss the one-
month deadline, they may still be able to appeal if there is a good reason for
the delay (para 3.31).
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