Tag: Appeal

06 see a doctor

Posted on
He was sent to his first assessment
when he gave up his job as a delivery man
after being referred
for tests on his heart.
His wife was with him:
‘She checked him out.
She did his blood pressure
and his heart,
said
“See a doctor
as soon as possible.”’
He was diagnosed with heart failure
but was still found fit for work.
He won his appeal
but was ordered to attend
another assessment
while he was waiting for a heart operation.
Again
found fit for work.
‘Significant disability
due to cardiovascular problems seems
unlikely.’
Five weeks later
he died of a heart attack.

[The Telegraph, 30/07/2012, Disability tests ‘sending sick and disabled back to work’]

10 uncontrolled, uncontrollable or life threatening

Posted on
He quit his job in 2007
after becoming severely ill:
depression
anxiety.
He rarely left his home, refused
to talk to friends and relatives
or answer the door or phone
often spent days
in the same room.
He lived off his savings for two years
until his money ran out.
In early 2009
he finally began talking again
to his father and step-mother.
They persuaded him to apply for support.
He was assessed by a doctor employed
by a government contractor.
The doctor concluded
there was ‘no evidence
to suggest that the client’s health condition
due to their depression
is uncontrolled,
uncontrollable or life
threatening.’
He asked the Department to reconsider
as this disagreed wildly
with the opinion of his doctor
his psychiatric nurse
and his psychiatrist.
He found out
in January 2010
the Department agreed
with its earlier decision.
Although he began
the next stage of the process –
an independent appeal –
a few days later
his body was found.

[Disability News Service, 02/12/2019, DWP: The Case for the Prosecution]

12 the next day she took her five-month-old son in her arms

Posted on
Six months after having her income cut off and housing benefit withdrawn
she was sharing her sister’s one-bedroom flat
destitute
with a baby to care for.
32 years old,
a Frenchwoman
living in Britain
since 1997.
In 2008 she graduated
with a degree in philosophy.
She found she was pregnant.
She looked for work.
The Department told her
the fact that she was within 11 weeks of giving birth
disqualified her;
she was not in a fit condition to work.
She was told to apply for income support.
But she had an eight-month period in 2003
when she had been working in a cafe,
and had no records to prove it;
her claim was turned down.
Appealed;
turned down.
She applied for child benefit;
rejected.
Hackney council demanded she repay
200 pounds in housing benefit
she had been given
just as her Jobseeker’s allowance
was being taken away.
She applied to take the Department to tribunal
but repeatedly failed to be given a date
for the hearing.
She was desperate.
Her last attempt to get a date from the tribunal service
took place on 12 June.
The next day she took her five-month-old son in her arms
and jumped from the flat’s sixth-floor balcony.

[The Guardian, 08/01/2010, Comment: Christelle and her baby died at the hands of a callous state]

16 one evening in August

Posted on
He has a mental health problem.
He takes triple medication.
He reports self harm in the past.’
He was assessed in May.
‘He attempted an overdose six weeks ago
but he would not say what he took.’
In June, the Department told him
he was fit to work,
and that his support was being
withdrawn.
‘The evidence overall suggests
that he is not at substantial risk.’
In an appeal letter, he wrote:
‘I disagree with your decision.’
He had worked cleaning buses
for three years
but he could not cope.
‘I have serious mental health problems
that prevent me from doing everyday tasks
which means I cannot work at this moment in time.’
He was placed on strong medication
but his mental health had worsened:
sleeplessness, memory loss, paranoia.
He would claim people were trying to poison him.
He thought the police were following him.
‘I did try and explain this
to the medical examiner.’
He was informed in July of the Department’s final say.
They backed the decision.
One evening in August
he got a bus to the Forth Road Bridge
walked to the middle
and jumped.
He was recovered from the water
but that night in hospital
he died.
His father believes
he may have been a schizophrenic.
Since his death
his mother had been in hospital,
not eating.
The Department sent their sympathies to the family.

[Daily Record, 22/09/2013, Heartbroken dad blames benefits axemen for driving his ill son to commit suicide]

33 the most frugal existence

Posted on
He suffered
countless attacks
throughout his life;
he would fall
like a tree
to the ground.
He suffered
from meningitis
at five months old.
It left him brain damaged;
severe epilepsy.
He had his first attack when he was six.
Despite heavy medication
he was taken to hospital regularly.
He worked until he was 30,
but his condition was so severe
he had to leave.
He did not know when a fit would come.
Completely random.
He never went ten days without one.
He had suffered
a broken nose
cheekbone
jaw.
He had lost his front teeth.
He had split his head open
after hitting the pavement
during attacks.
He received a letter in March.
He had to attend a
‘work related activity group’
or his benefits could be cut.
He appealed:
‘I have never
been able to work
due to my epilepsy.
I had a job
but I lost my job
because they could no longer cope
with my attacks.’
The next letter, in June, informed him
his appeal had been rejected.
His family struggled to gain
detailed medical records
of his hospital visits
to make a second appeal.
He was given a month to get the information.
He became more and more worried.
On the day
his parents went round
for him to sign the appeal letter.
He had saved up enough to buy his own home.
His family helped him
make it safe,
a specially made bed, cushions
scattered to break any falls,
child-safe furniture.
With the help of benefits
he lived an independent life.
The door was open.
The curtains were closed.
He had been alone for 19 years.
He did not drink, smoke,
had the most frugal existence.
He did gardening,
wood work,
love bird watching, photography,
walking.
His parents went into the house
and found him
hanging in his bedroom.

[Daily Mirror, 23/09/2014, Man with brain damage and ‘uncontrolled’ epilepsy hanged himself when DWP threatened to cut benefits]

34 my patient will be in pain

Posted on
In his report, the first doctor
lists various serious health issues:
chronic obstructive pulmonary disease,
cervical spondylosis,
osteoarthritis.
In his summary, the doctor stated:
‘My patient will be in pain
on standing and
at the commencement
of walking. Whilst
on the balance of probability
he would be able to walk
20 metres in my opinion
he could not walk that distance
without pain
or exhaustion.
In terms of cooking
his very limited respiratory tolerance
and his difficulties with lifting means that
anything
other than
straightforward microwave cooking
is likely to be beyond
his capabilities.
It would be reasonable
to describe him
as requiring assistance with toilet needs;
the need to monitor and change his catheter
requires medical input.’
Despite this
the Department
continued to find him fit for work
and blocked him from receiving full benefits.
Three months later
another doctor wrote:
‘I am this patient’s General Medical Practitioner
and the custodian
of the primary medical records
they have accumulated
during their lifetime in the UK.
Following a recent assessment this patient,
in contradiction of my own knowledge over time
clinical assessment and
medical certification,
was found fit for work.
Because of my patient’s health condition
there would be a substantial risk
to his health
if he were found not to have
limited capability
for work related activity.
I disagree
with the outcome of your assessment
and support my patient
in his appeal
against your decision.’
Despite this
the Department continued to deny him
benefits.
His health – as predicted – deteriorated badly.
He developed pneumonia.
His weight dropped to six stone
(38 kilos).
Twelve months later
he left hospital
in an emaciated state
to take on the Department
at a tribunal.
The decision was overturned.
The Department agreed to backpay
four thousand pounds.
That money is now being used
to pay for his funeral.

[Liverpool Echo, 28/04/2019, Revealed: Warnings about dying Stephen Smith that were cruelly ignored by the DWP]

38 a beautiful sense of humour

Posted on
A government scientist,
he gave up this role
when he was diagnosed
with severe cardiomyopathy,
failure of the heart muscle.
By the end
he could not walk,
struggled to read.
He often fell over,
on one occasion
smashing his teeth.
Doctors gave him
a year and a half to live.
They were urging him
to have a heart transplant
to prolong his life.
He loved cricket
cooking, had
a beautiful sense of humour;
a classically trained musician,
he loved Beethoven.
He wouldn’t have the transplant.
He had no commitments,
thought it would be better
if there was a heart
for it to go
to somebody else.
He developed a brain tumour.
A government contractor
gave him a fitness-to-work test.
Three months later
his support was stopped.
He initially challenged the decision
but the appeal was withdrawn;
he felt too ill
to fight.
He couldn’t play the piano
he was so ill.
His mother passed away.
Seven months later
he fell at home
and never regained consciousness.

[Daily Mirror, 10/04/2014, Atos judges dying scientist fit to work – despite serious heart condition and brain tumour]

40 a decision was taken

Posted on
His daughter received a text
and immediately knew something was wrong.
The decision was taken
despite being told by his doctor
he was too sick to return to his job.
(He had been a painter and decorator.)
He had suffered from anxiety and depression
for six years. He also had
breathing problems
caused by chronic obstructive pulmonary disease.
The Department had written to him
a year earlier
requesting a consultation in July.
Four days before the medical
he attended his doctor’s surgery
in a state of panic.
He was declared fit to work.
Following the decision
he lodged an appeal
but it was rejected.
His support was stopped in November.
December. His daughter had been planning
to help him take his case to a tribunal,
but she had had to leave him
to go Christmas shopping
and to pick up her children,
when she received the text.
‘I love you.’
She found him
and performed CPR
before calling an ambulance.
Three days later
a decision was taken
to turn off his life support.

[Inews, 06/06/2019, Chronically ill father died by suicide after DWP declared him fit to work and cut his benefits]

43 the night before his medical

Posted on
He worked for forty years:
a miner, then a telecoms engineer.
Following a heart attack
and several strokes
his doctors ordered him to stop working.
He had claimed for three years,
ninety-one pounds a week.
He had already gone through an eight-month appeal
to keep his benefits,
but following a crackdown on ‘spongers’
he was ordered to undergo a medical test.
He died of a massive heart attack
the night before his medical
as he scoured the internet
for ways to raise cash.

[Daily Mirror, 22/05/2011, Stress of Tory benefits tests killed our dad, family claims]

44 he may have been successful

Posted on
His former wife
gave evidence at the inquest.
They had been married for twelve years,
separating in 1995,
although they still saw each other
on a regular basis.
During the first half of their marriage
he suffered a brain haemorrhage,
leaving him paralysed down one side.
She had last seen him when he called to see her
at work.
He wanted help to go through his benefit papers.
He was worried he was going to be sent back to work.
His doctor made a statement,
said they had spoken on the phone
two weeks before he was due to attend
an appeal hearing.
He had been upset
because his benefits were being stopped
after an annual assessment.
His neighbour
was sat in his front room
watching the television
when he heard a loud bang.
He went outide and saw the man, his neighbour,
slumped in a chair.
He also saw there was a gun on the floor.
He ran inside and phoned 999.
‘Had he attended the appeal
he may have been successful’
the coroner said.
‘It is evident that the matter
was concerning him greatly.’

[Gazette and Herald, 17/04/2013, Benefits withdrawal led to man’s suicide]

47 two. one

Posted on
January.
She was called in for an assessment.
She and her sister
spent two hours
on two buses
travelling to the centre
for a two minute assessment.
She was only asked one question:
did you get here by bus?
53 years old,
a former nurse.
She was left partially sighted
after an industrial accident in 1987.
She required walking sticks.
She had slipped and bulging discs
in her back and neck
after an accident at work.
Her pain was exacerbated after an unsuccessful operation in 2012.
Bones from her hand were removed
during separate surgery
after she was savaged by a dog.
Every time one of her arms was touched
she was left in agony
strong pain relief could not ease.
Did you get here by bus?
She replied
‘Yes.’
She was found fit to work.
Her benefits were stopped.
She hadn’t even had the chance
to take her coat off.
Later, she received a letter
telling her to find employment.
She lost her appeal against the decision.
In November,
thirteen days before her second appeal
she was found
on her kitchen floor.

[Daily Mirror, 26/11/2013, Sick nurse killed herself after disability benefits were cut and she was ruled ‘fit to work’ ; Daily Record, 27/11/2014, Former nurse killed herself after controversial ATOS health test ruled she was fit for work ; Bristol Post (via the Internet Archive), 25/11/2013, Bristol woman ‘killed herself after benefits were stopped’]

49 there were complications

Posted on
She had her first transplant
heart and lungs
in 1985.
She returned to her council office job. But
her body began to reject her new organs;
she had another transplant in 1989.
There were complications.
31 hours of surgery.
80 pints of blood.
Afterwards
she had no stamina.
Listless, falling
asleep, fainting.
She collapsed regularly.
Blackouts. In
and out of hospital.
2013.
Her assessent was at a test centre
eight miles from her home. Twenty minutes
answering questions. Her husband, who drove her,
was not allowed in to support her.
She was judged fit for work.
She typed her appeal
on an iPad
as she lay in hospital
with a chest infection
crying.
Criteria for ability to work include
‘You can understand simple messages
from a stranger’
and
‘You can use a keyboad or mouse
and a pen or pencil
with at least one hand.’
The Department wrote to her
two months later.
Six days later
her husband was called to the hospital.
Two days after that
they put her on palliative care.
The letter said:
‘We have decided you are not entitled to support.
You have been found to be capable of work.’
Her husband sat with her all night.
The next morning
her breathing changed.
It took half an hour
for her to die
drowned in her own body fluids.

[Daily Mirror, 26/05/2013, Linda Wootton: Double heart and lung transplant dies nine days after she has benefits stopped]

51 they took

Posted on
One night
she heard him sobbing
downstairs.
He worked long hours on the farm.
He would leave at five AM.
Some days she would not see him again
until eleven. He wasn’t scared
of work.
Over the years he developed heart trouble,
diabetes, terrible ulcers.
His health deteriorated from there.
He became depressed.
She was borrowing money off everybody.
Last winter
they couldn’t put on the heating.
They sat
with blankets round them.
He was called to his Jobcentre
in late 2012.
They took his blood pressure.
They never checked his back or
asked about his diabetes
and the terrible ulcers he had on his legs.
A computer told them
he’d been on the sick
for twenty-four years –
that’s the only thing
they really knew.
It was decided
that he was capable of limited employment.
His benefit was cut.
He appealed;
a ruling would take almost a year.
He didn’t have a year.
It started in his neck,
spread rapidly.
A very rare form of cancer.
He kept saying
“I wish I could win this case
before I die.”
One night she heard him sobbing downstairs.
He told her
“I can’t go on.”
The cancer took his sight,
his hearing,
finally
his life.
They
took his dignity.

[Daily Mirror, 19/10/2013, Cancer killed my husband, but Atos took his dignity a long time before his death]

54 the old system

Posted on
During the 1960s
while pregnant with her
her mother took thalidomide.
She is blind in one eye,
partially deaf,
can barely walk,
barely dress herself.
She has arthritis.
In 2004 she underwent surgery
to remove a brain tumour.
She retired from her job
as a care assistant.
She was to undergo spinal surgery
late in 2013.
‘It is because of the way I have had
to manipulate my body over the years
to try and live a normal life.
Because we have to use our bodies
in different ways
what anyone else finds normal
has killed us.’
She and her late husband
were believed to be
the first thalidomide victims in Britain
to get married.
(Her carer
helps her make tea
and brushes her hair.)
In July 2012
she received a letter
saying she must go
on a training course.
Her family appealed
and the decision was overturned.
Then
in October
she was told
once again
she should not
be claiming benefits
as she could not prove
she was unfit to work.
A further appeal was rejected.
A spokesman for the Department said
‘The old system
condemned too many people
to a life on benefits
with little hope
of moving back to work.
Now
people who can work
will be given help
to find a job
while those who need unconditional support
will get it.’
She was served with court papers
and must attend a tribunal
where she will have to prove
her disabilities to a judge.

[Daily Star, 16/03/2013, Benefits hell for Thalidomide patient; Daily Mail, 15/03/2013, Blind in one eye, partially deaf and facing major spinal surgery but Thalidomide mother is still found fit to work; The Independent, 15/03/2013, Capable of ‘work-related activity’: Partially blind Thalidomide victim with brain tumour fights Atos decision to force her to attend interviews and put together CV]