From DWP under FoI Act: Interestingly in their response, they did not challenge the 40% or 70%.
The proportion of ESA decisions "fit for work" that are reversed on appeal is generally quoted as 40% overall, 70% for claimants with representation. Whilst there could be several reasons why this is the case, how low would this % have to be (approximately) before
1. DWP would stop ESA payments during the appeal period and
“there have not been any final decisions for removal of the ESA ‘pending appeal’ awards.”
2. consider dropping the appeals process in its current form altogether?
“there are no plans whatsoever to remove the right of appeal.”
3. What are the targeted reductions in these percentages over the 6 and 12 months that would cause the Government to regard its planned improvements as successful - clearly without targets success will be impossible to judge? .
“We do not have a target in the sense you suggest. All the Secretary of State can do is ensure that his decisions makers can make the best possible decision they can. One that can be defended at a tribunal hearing with confidence. As you say above a tribunal may disagree for all manner of reasons. “