Socialist Worker

Judges rule disability tests disadvantage people with mental health problems

Issue No. 2355

Judges have ruled that disability benefit tests disadvantage people with mental heath problems. 

The Work Capability Assessment was brought in to determine if someone is disabled enough to continue receiving Employment Support Allowance (ESA).

Just this week Linda Wotton became the latest of over 2,000 people who have died after being ruled “fit for work”. 

She died nine days after getting her judgement while recovering from a heart and lung transplant.

Two ESA claimants with mental health conditions took the government to court. 

Judges ruled that the process was too difficult to navigate. They said they  needed more evidence to rule whether the system was discriminatory. 

The government plans to appeal. Other legal challenges are also upsetting the government’s war on benefits. 

For example, judges ordered the government to reveal the names of companies and charities getting free labour from unemployed people on its mandatory work scheme.


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