Website:

Ian Stirling
whatdotheyknow / Your Reference:
Our Ref: FoI 2765
Date: 26 October 2010

Dear Ian Stirling,

Thank you for your Freedom of Information request of 8 October 2010.You asked:

‘I am interested in the success rate and delay of applications for ESA with the reason given as Chronic Fatigue Syndrome, Post viral fatigue syndrome, myalgic encephalomyelitis, myalgic encephalitis or myalgic encephalopathy.

  1. The answer would include the proportion of applicants succeeding at the initial stage after filling in the ESA50, without being called for interview.
  1. It would also include separately the proportion of applicants succeeding at the initial interview, and the proportion of applicants successful at initial or subsequent appeals.
  1. In addition, the typical delay between the ESA50 being received, and claimants successful at that stage being eligible to receive benefit.
  1. Similarly, the delay for those successful at their interview, and the time between an appeal being lodged, and a successful appeal leading to the applicant being declared eligible.
  1. It would also include figures on how many people are currently waiting on each stage of the process.’

Entitlement to Employment and Support Allowance (ESA) is based on functional capabilities, not on condition per se. The medical condition recorded on a claim form does not in itself confer entitlement to ESA. So, for example, a decision on entitlement for a customer claiming Employment and Support on the basis of alcoholism would be based on their ability to carry out the range of activities assessed by the Work Capability Assessment, or on the effects of any associated mental health problems. It is also important to note that, where someone has more than one diagnosis or disabling condition, only the predominant one is currently recorded.

Following a search of the data available centrally on the specific health conditions of people claiming ESA, I have been able to identify claims withChronic Fatigue Syndrome (CFS)and Myalgic Encephalomyelitis(ME) recorded as their main health condition. The other conditions you listed were not present. Throughout the rest of this letter, all data will relate to these specific health conditions unless otherwise stated.

In response to question 1, on receipt of a new ESAclaimthe Jobcentre Plus decision maker may decide that there is sufficient evidence that the person claiming ESA has a limited capability for work without having to make further enquiries. They will also check whether there is sufficient evidence that a person should be ‘treated’ as having a limited capability for work and work related activity. If the decision maker decides more evidence is required, an ESA50 form will be sent out, to be completed by the person applying for ESA.

The Department has laid regulations which provide that people in the following circumstances will automatically be treated as having a limited capability for work or work related activity and so do not need to undertake a Work Capability Assessment:

  • They are suffering from a progressive disease and consequently their death can reasonably expected within six months (i.e. they have been assessed by a medical professional as being terminally ill);
  • They are receiving treatment by way of intravenous, intraperitoneal or intrathecal chemotherapy, or are recovering from that treatment and Jobcentre Plus is satisfied that they should be treated as having a limited capability for work;
  • They have been requested or given notice, under specific legislation, to refrain from work because they are a carrier of, or have been in contact with, an infectious disease;
  • They are pregnant and there would be a serious risk to the health of them or their child if they did not refrain from work;
  • They are pregnant or have recently given birth, are entitled to maternity allowance and are within the maternity allowance payment period;
  • They are pregnant or have recently given birth but are not entitled to maternity allowance, statutory or maternity pay, from six weeks before the baby is due to two weeks after the birth

Up to the end of November 2009 (the most recent data available), about 1% of the 2,400newESA claims with CFS or ME recorded as the main health condition were successful without the person having to attend a Work Capability Assessment. This may be because the Department already has sufficient evidence from a prior recent claim.

In response to question2,the table below gives the result at initial WCA for ESA claims received between October 2008 and November 2009, with ME or CFS recorded as their main health condition.

Outcome at initial WCA for claims with ME & CFS as main health condition
Support Group / Work Related Activity Group / Fit for Work
5% / 35% / 61%

Of all ESA claims as above, that are found fit for work at initial WCA, about 490 have had an appeal heard to date. 58% of these appeals found in favour of the person appealing and benefit was reinstated.

In response to question 3, for ESA claims with the health conditions described above, where a WCA was not required, the average time between the claim being received and the decision to entitlement to the benefit being made is around 3 months.

In response to question 4, for ESA claims with the health conditions described above, that were received in September 2009, the average time between receipt of initial ESA claim and WCA outcome being notified is just under 4 months.

The average time taken for appeals to be resolved is not available by health condition. Looking at all ESA claims lodging an appeal, the average time taken from receipt of the appeal at Jobcentre Plus to referral to the Tribunals Service was about 34 working days (taken from Jobcentre Plus management information).

Your request for information on the time taken for appeals to be heard from date of receipt by the Tribunals Service should be directed to the Tribunals Service.

Since April 2006 responsibility for administering appeals against decisions on entitlement to benefits has been held by The Tribunals Service. This is an Executive Agency of the Ministry of Justice. The Tribunals Service has responsibility for publishing statistics on appeals via their website

Information on Freedom of Information at the Ministry of Justice is available at:

In response to question 5, information on the number of claims currently in each stage of the process is not available for individual health conditions.

Looking instead at all ESA claims as a whole, in September 2010, there were 13,500 new claims that had not yet been processed in Jobcentre Plus.

In September 2010, the total number of claims awaiting a WCA was 141,100.This number can be broken down as:

  • 69,000 (49%) where the customer has yet to return the ESA50 questionnaire;
  • 60,500 (43%) awaiting examination, and;
  • 11,000 (8%) awaiting pre board check, further medical evidence or audit.

This data comes from Jobcentre Plus management information.

The department regularly published official statistics on the work capability assessment, including breakdowns by health condition group and functional impairment. Further information is available here:

The department also produces National Statistics on the ESA caseload, including breakdown by health condition group. More information is available here:

If you have any queries about this letter please contact me quoting the reference number above.

Yours sincerely

DWP Central FoI Team

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Your right to complain under the Freedom of Information Act

If you are not happy with this response you may request an internal review by e-mailing . or by writing to DWP, Central FoI Team, 5thFloor The Adelphi, 1-11, John Adam Street, London WC2N 6HT. Any review request should be submitted within two months of the date of this letter.

If you are not content with the outcome of the internal review you may apply directly to the Information Commissioner’s Office for a decision. Generally the Commissioner cannot make a decision unless you have exhausted our own complaints procedure. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow Cheshire SK9 5AF