Fewer appeals against Employment and Support Allowance (ESA) decisions are being found in the claimants favour, according to government statistics.
The data includes appeals made between June 2010 and August 2010, the latest quarter for which figures are available.
During this period less than a third (32%) of appeals against decisions not to award ESA were successful.
This is in contrast to, but continues the trend of, the previous quarter (March to May 2010) where 35% of claimants succeeded and the overall figure of 38% since the benefit was installed in October 2008.
When combined with the 5,000 fewer people being found eligible for ESA at first application it highlights the government's stricter entitlement rules for state benefits.
Disability charities have already expressed their ‘horror' at reports that the government is considering the withdrawal of ESA payments while an appeal is ongoing.
They say that it could mean disabled people would face six months without benefits.
However, when releasing the figures as part of it quarterly ESA update, the government said it was protecting disabled people by ensuring more were entitled to the support group category.
It also highlighted that the Work capability Assessment has been changed following recommendations by Professor Harrington, but charities and disability rights groups say they do not go far enough.
Once the results of appeals are included, it shows that 7% of claimants are entitled to ESA in the support group (unchanged) but 22% (up 5%) are entitled to the work related activity group.
This leaves 33% as fit for work (down from 38%) and 36% who close their claim before the assessment is complete.
The data for appeals is behind that of first time applications due to the length of the process through the courts.
