The deaths of two people who were waiting for appeals to be heard against the loss of benefits has prompted calls for a fairer assessment system.

The claimants, both from West Dunbartonshire, died from the conditions that caused them to claim Incapacity Benefit while waiting for appeals to be heard against cuts to their benefits.

One was deemed fit for work during a work capability assessment, despite a deteriorating chronic illness, and lost both Incapacity Benefit and Disability Living Allowance.

When his support worker appeared at the appeal tribunal she had to report her client could not be there because he was dead.

The appeal was upheld and the backpayment will become part of his estate.

The other had a congenital condition that caused difficulty in walking. But he was assessed capable of work and his Incapacity Benefit withdrawn. He was waiting for a date for an appeal tribunal when he died.

People claiming Incapacity Benefit and Disability Living Allowance undergo a work capability assessment by a healthcare professional, such as a nurse or physiotherapist employed by Atos Healthcare, which gained the contract from the Department for Work and Pensions in 2005.

The assessment is not a medical examination but the claimant is asked a series of questions about their capabilities.

Danny McCafferty, chairman of the Independent Resource Centre in Clydebank, which wins 70% of the cases it takes to appeal, says the assessments by Atos are flawed.

Mr McCafferty suggested a penalty should be levied on the contractor.

“It would be better if every time an appeal was upheld Atos Healthcare had to repay the fee it was paid for the case or, better still, pass it on to a welfare group to help other people,” he said.