heartless system

Deaths of people who were waiting for appeals to be heard against the loss of benefits has prompted calls for a fairer assessment system. The claimants from West Dunbartonshire, died from the conditions which caused them to claim Incapacity Benefit (IB) while waiting for appeals to be heard against cuts to their benefits.

One was deemed fit for work during a work capability assessment, despite having 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 present because he was dead. The appeal was upheld and the backpayment will become part of his estate.

The other had a congenital condition which caused difficulty in walking but was assessed capable of work and his incapacity benefit was withdrawn. He was waiting for a date for an appeal tribunal when he died.

A third person, again from West Dunbartonshire, died recently after winning a second appeal tribunal following three years of repeated assessments and decisions being overturned.He worked as a shop assistant in his 20s but was forced to give up due to severe heart and lung problems caused by a degenerative syndrome.An “indefinite” award of IB and Disability Living Allowance (DLA) was revoked after only two months on the basis of a questionnaire he had filled in.Six months later it was reinstated by an appeal tribunal. Despite this ruling and the finding that his condition was worse than the original assessment, his case was once again referred for medical assessment. Once again, the benefit was withdrawn. He appealed again, with help from staff at the Clydebank Independent Resource Centre, and a tribunal date set for a further six months on. By that time he had been confined to bed with severe pain for several days and his extreme difficulty in reaching the chair in the tribunal room caused the chair of the panel to say the hearing would be as short as possible and that a taxi would be waiting to take him home. He won the appeal but only after three years of unrelenting anxiety over whether his benefits would be cut.

Mary Hodgson, from Annan in Dumfries and Galloway, worked from the age of 16 until she was 41, latterly as a support worker for people with learning disabilities. That ended suddenly when a lower disc cut through her spinal cord leaving her semi-paralysed. “I went from being a fit and healthy person to being unable to walk without crutches and needing a wheelchair to go any distance,” she said. “The damage to my nerves has caused other problems and I need daily care from a nurse.” She was assessed as fit to work. That decision was overturned on appeal and she now receives the higher rate of Employment and Support Allowance, but the experience has left her fearful over her future support.