Tens of millions of pounds is a being spent by the Government each year to fight disability benefits cases in court, figures show.
The Department for Work and Pensions (DWP) has spent more than £680m on personal independence payments (PIP) appeals, reconsiderations and reviewing PIP awards since 2013, according to a freedom of information (FOI) request.
Some of the cases involve people with multiple sclerosis, who in the majority of instances win the right to access PIP despite having their initial claim rejected, separate data has found.
The figures show the huge cost to taxpayers of the current PIP assessment system, which is set for a major review to ensure it is fit for purpose.
The Government abandoned planned cuts in PIP spending last year, but it has announced an increase in face-to-face assessments to reduce the welfare bill.
People with MS – a progressive condition that affects the brain and spinal cord where symptoms get worse over time – told The i Paper that it was exhausting having to repeatedly fight for PIP.
Bethen Thorpe, a PIP claimant who has relapsing MS, has successfully won against the Government three times at appeal tribunals.
“Having to prove yourself over and over again makes you feel worthless,” she said. “It takes a lot of physical, mental and emotional energy out of you.”
55% of MS patients win PIP case at tribunal
People with MS are frequently challenging PIP decisions and getting them successfully overturned by judges at tribunals.
Those with fluctuating conditions – including MS – may only be able to attend face-to-face assessments if they are having a good day in terms of their health, which could affect the outcome of their PIP application.
The majority of MS patients’ appeals heard at tribunal, 55 per cent, are found in the claimant’s favour, new statistics from the MS Society show.
The charity shared these figures with The i Paper, along with the DWP spending figures, following an FOI.
In total, the DWP spent £26m fighting the PIP appeals at tribunals launched by people of all conditions in 2024/25.
It means that £247m has been spent by the department challenging PIP appeals since the disability benefit was introduced in 2013/14.
The Government has also spent £203m dealing with PIP claimants’ initial challenges, known as “mandatory reconsiderations”, over the same period.
A further £230m has been spent reviewing existing PIP awards – a process that forces some disabled people to go through what they have described as “horrific” re-assessments, despite degenerative conditions.
‘It costs more money to go to court again and again’
Thorpe, a 49-year-old from Somerset who has relapsing MS, has been assessed for PIP three times since 2014. She had rejections successfully overturned through appeals all three times.
Her latest points-based assessment in 2023 saw her awarded zero points for mobility – despite being awarded 20 points for mobility after a tribunal in 2019.
Bethen Thorpe has won three separate PIP appeals (Photo: Deborah Johnson)“It seems so strange to keep going through this,” she told The i Paper. “My condition is not going to get better. From their perspective, it costs more money to review my case, to go to court again and again.”
Thorpe said the PIP assessments were “horrific”, adding: “They try to misconstrue what you are saying. I don’t feel they looked at medical evidence properly. They didn’t treat me with any empathy or understanding.”
‘It feels like they are setting you up to fail’
Rob Denholm, a 45-year-old from the north-west of England, lives with relapsing-remitting MS.
He was initially only awarded the lower level of mobility and daily living support after his last assessment in 2019, worth just over £400 a month.
His assessor had claimed he had no cognitive impairment, even though his neurologist had provided evidence to the contrary.
Denholm said he had struggled so much with his mobility that he tripped during the assessment, but the assessor’s report said he navigated the test centre well, he said.
Rob Denholm won PIP at tribunal in 2019 (Photo: MS Society)He had the decision overturned at a tribunal. He now receives the higher level of both mobility and daily living support, together worth almost £800 a month.
“The assessments are so flawed,” Denholm told The i Paper. “They don’t seem to understand fluctuating conditions.
“It seems like there’s an attempt to keep asking you questions until they find something that counts against you. It feels like they are setting you up to fail.”
“People who are rejected at the first stage face a real battle, so they often give up,” Denholm added.
“But if you don’t give up, if you flood the DWP with information and evidence at tribunal, you can be successful.”
‘Too many people going through stressful appeals’
The MS Society said the success rate of PIP claimants’ appeals showed that initial decision-making was poor.
Ross Barrett, policy manager at the MS Society, said PIP should be there to help those with the disease, which damages the central nervous system.
People need help managing “overwhelming extra costs” – like paying for mobility equipment and visits from carers, he said.
“But these figures show that too many people with MS are having to go through a stressful and time-consuming appeals process just to be able to live an independent life with dignity.”
The Disability Minister Stephen Timms is leading a review to reform PIP. The Timms review is a “crucial opportunity to fix issues”, such as making sure that assessments better recognise fluctuating conditions, Barrett said.
The MS Society called on Timms to end “compulsory” reviews of PIP at the end of an award period for people with progressive and incurable conditions such as MS.
PIP claimants whose conditions have worsened could have re-assessments fast-tracked to allow them to claim more money more quickly, the DWP’s top civil servant Peter Schofield told MPs this month.
The DWP recently announced that it would increase the number of face-to-face PIP assessments, rather than rely on telephone and video interviews, as well as extending the time between assessments.
A DWP spokesperson said the changes “will make the process more efficient for claimants” and help cut costs to taxpayers.
“We recognise issues in the current system, which is why we have also launched the first ever full review of PIP co-produced with disabled people and the organisations that represent them, to ensure it is fit and fair for the future,” they added.
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