<p>In May 2013 the Upper Tribunal handed down an interim judgment in a judicial review which challenged the process of when and whether the Department obtains further medical evidence for ESA claimants with a mental health condition going through the WCA process. The Upper Tribunal clarified that the Department has not been found to be in breach of its duty to make reasonable adjustments under the Equality Act 2010, but directed the further steps that should be taken in the proceedings in order to decide the question of whether there are reasonable steps that could be taken in order to avoid the disadvantage it had found to exist.</p><p>The Department does not agree with the judgment and the Court of Appeal have granted permission to appeal it. We welcome this as we believe we have made—and continue to make—significant improvements to the WCA process for people with mental health conditions.</p><p>This appeal will be heard on 21 and 22 October 2013. All proceedings in the Upper Tribunal have been suspended until the appeal has been decided.</p>