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Two years ago, two people who claim benefits on mental health grounds initiated a judicial review of the Atos Work Capability Assessment. The two people were supported by the Mental Health Resistance Network. In May 2013, the judges presiding over the case ruled that the WCA places mental health claimants at a “substantial disadvantage” and that the DWP should make “reasonable adjustments” to alleviate this.

The claimants who brought the case, DM and MM, asked the court to rule that the DWP should be responsible for obtaining further medical evidence at every stage of the process to improve the chances of a more accurate decision being reached about whether a person is able to work or to start preparing for work and to avoid the need for a face to face assessment in cases where this would be especially distressing for the claimant.

Read more about the case and the vigil to be held on Tuesday 8 July 2014 at 12 noon to 2pm in Kate Belgrave’s article.

The substantial hearing will be held on 7, 8 and 9th July 2014 at Royal Courts of Justice, London.


+4 #1 Adrian Smith 2014-05-24 22:10
I am so relieved to hear about this Hearing, I have also been on the receiving end of the DWP after a WCA where no consideration was given to my Mental Health whatsoever,afte r a serious case of Bullying from my previous employer, whereby I suffered significant trauma, and threats by the Management after 12 yrs service. I spent considerable time sending all the paperwork to the DWP but no consideration was given to me at all. I have to say that this ordeal was equally as distressing as the bullying. The DWP were also dishonest in obtaining my Partners signature for A JOINT JSA CLAIM, she was told it was an EXEMPTION CERTIFICATE. shortly after our BENEFIT was SANCTIONED for 4 weeks, because it was a JOINT CLAIM. I also realise now how all other claims are held back, paperwork etc as in our case. Since the intervention of the DWP, our health has deteriorated further. Putting it mildly we have" BEEN TO HELL AND BACK " and would Never Believe that this could happen to Any One, particulary when you have paid in 40 yrs into the system. I fully support the Hearing to be held, and shall be hoping to attend if possible. What sort of GOVERNMENT could be so Callous to inflict such SUFFERING to their PEOPLE. The Tories.

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