Lapsed appeal is the term the DWP uses for when it makes an award, or a better award, to a claimant who has lost their mandatory reconsideration (MR) and lodged an appeal, but before it has been heard at a Tribunal.
This causes the appeal to lapse because there has now been a new decision, although appellants can choose to appeal against this decision too.
The report outlines that: “In 2022, SWLLC identified an increase in the number of PIP appeal cases being lapsed.
“Although the revised decision may be favourable, it is not always, as discussed in this paper, the best outcome and the most advantageous award an appellant may achieve.
“In the last calendar year, SWLLC helped with 79 PIP appeals; 44% of these were revised and lapsed, or offered to be lapsed. This is disproportionately high. In nearly all of these cases, the guidance set out by the DWP in the July 2021 Best Practice Memorandum (BPM) was not followed.
“Contrary to the guidance, representatives were never the first point of contact. Instead, our clients reached out to us concerned about phone calls, text messages or letters sent by the DWP offering to revise the decision and lapse the appeal.”
The report acknowledges the positive impact a lapsed appeal can have on an appellant if the decision is the most favourable to them (their full justified entitlement).
However, it also stresses that if the process fails it:
- only adds further stress to appellants
- means a potential delay to a tribunal hearing
- means a delay in getting the full amount of entitlement
- can mean settling for less benefit than what would otherwise be due.
- limits an appellant’s autonomy to appeal a decision effectively.
After examining these and other concerns, the SWLLC report makes the following four recommendations:
More data should be made available
The lack of available data prevents a thorough analysis of the lapsed appeal process. As the practice of lapsing appeals is on the increase, it is imperative that an urgent review is carried out by the DWP to evaluate the cost effectiveness and overall efficiency of lapsing an appeal.
Adherence to the guidelines
The findings in this report would indicate that the guidelines are not being followed. The DWP should carry out an urgent review of the lapsed appeal process and compliance with the BPM. Data should be made available regarding the review findings on compliance with the BPM so as to engage transparency of the system.
The current practice is having a negative impact on those most vulnerable.
This report shows that even where representatives are in place, they are rarely contacted when a revision is anticipated. The practice of calling appellants who may be vulnerable or subject to pressure is evidenced in the report. This results in appellants feeling exposed and pressurised.
Where the DWP is considering revising a decision, the DWP should always send the appellant a letter, giving seven days for them to consider their options. This would give them time to properly consider and also time to talk to their representative, family or friends about the new decision.
The increased use of lapsed appeals speaks of inherent failing at the first instant decision and Mandatory Reconsideration stages
It is clear from the assessment stage through to lapsed appeals that the system is not fully serving those it is intended for. There should be an overall review of the welfare benefit system and how this operates; especially for those with a disability. This is urgently needed as a priority to ensure that the safety net of the welfare state is in place to protect those who most need it when they need it.
Read the SWLLC report, The Quality Focus? The reality of Lapsed Appeals.