Cuts to legal aid has meant that many people challenging Personal Independent Payment (PIP) and Disability Living Allowance (DLA) decisions have limited or no access to legal advice.
In response, Advicenow developed personalised legal support tools for people challenging decisions at the mandatory reconsideration (MR) stage. In addition to document assembly, the tools calculate what users should have received, improves their understanding of the calculations, and develops the confidence to challenge decisions.
The research assessed the difference that the tools made and what could be learned from the way in which the service was delivered.
Key findings
52% of respondents to survey who had got an outcome saw their award improved at the MR stage, compared with a national average of 23%. 38% got their decision changed at the appeal stage. So in total, 90% of users of the MR tools and guides had a positive financial outcome.
Respondents reported that applying for PIP / DLA and the MR process were stressful and had negative effects on both physical and mental health. The tools and guides had mitigated this.
The tools and guides had increased users’ ability to resolve their issues. 47% of survey respondents would not have pursued an MR or appeal without the resources, owing to issues such as lack of confidence and not understanding their rights. The 53% who would have pursued an MR or appeal felt more confident and that they could put their case better.
Conclusions and recommendations
The digital tools are helping people who have faced difficulties with the PIP / DLA system, and these people are very satisfied with the service. The tools and guides have helped people obtain increased awards, reduced the physical and mental health effects of the process, and increased knowledge, skills and confidence in dealing with legal issues.
There are systemic issues which make the PIP / DLA process challenging. These include unclear information on award criteria, inadequate assessment processes, and inaccurate reports. These issues are made more difficult by lack of information on how to appeal, and how the tribunal works.
The DWP and HMCTS need to:
- provide better information on processes, criteria, and sources of help
- assess decisions to ensure they are based on independent assessment, revises assessment questions, and provide assessor’s reports to claimants
- increase information on sources of independent advice, including links to Advicenow tools.
- work with people who have lived experience
Advicenow should:
- promote the guides and tools
- research and collect data to understand how to increase tool usage
- access funding to develop and maintain the tools
- work with applicants on how to reach potential users
- work with stakeholders to improve signposting to the tool
- develop information and guidance to develop people’s capability to engage and influence policy makers and legal bodies.
Methodology and data
A mixed methods approach was taken. Google Analytics was used to collect site usage and limited demographic data, covering 2018-2023.
Users were sent a short online survey which asked about the level of their award, their satisfaction with the service, and their legal capability. An additional survey was run via the Advicenow site. Users were asked if they would be willing to take part in a follow-up 12 months after completing the survey. The main survey ran from April 1 2022 to 30 June 2022, the additional survey 1st July 2021-30th June 2022.
Semi-structured interviews were carried out online and by phone, with users who had set up an account. This covered why respondents had used the tool, its effect on their legal capability and outcomes, and how using the tool had contributed to confidence and reduced stress.
The main survey received 19 responses, the additional survey 57. 6 users were interviewed.
