Pointless and cruel

Former paramedic Fred Williamson spent 31 years coming to the aid of others in their time of crisis. When the 62-year-old was diagnosed with terminal leukaemia he expected some help in return from a government he had paid taxes to all his life. But he was deemed ineligible for a Personal Independence Payment (PIP), after the benefits assessor who saw him completely disregarded his medical records. 

“I’m disgusted. I’ve worked hard all my life and I shouldn’t be treated like this. I’m not asking for millions of pounds, I’m just asking for help. It’s not just me, there’s loads of people out there with serious illnesses and they’re not getting it either,” said Fred.

Fred’s assessment of the situation is not inaccurate. At the Unite Community support centre in Stoke, which provides advice and assistance for members of the public, Fred’s volunteer benefits advisor Duncan Walker says he has seen around 50 PIP cases involving terminal illness since February this year.

National figures on PIP rejections for terminally ill people are not available, but in April it was revealed that 82 PIP claimants a day were successfully appealing wrongful decisions. In May’s budget, the government allocated £22m for 180 extra lawyers to represent the DWP during tribunals.

Fred’s tribunal is scheduled to take place in November. Walker is confident Fred will win, because his consultant’s report, which wasn’t requested by the DWP during the assessment, will be presented.

Walker said Fred’s case is similar to others he has been involved with. He recalled having to help lodge an appeal and organise a tribunal for a man with stage four lung cancer who applied for PIP, which as well as helping cover costs for chronic illnesses and disabilities, is needed claim for carers allowance and mobility aids such as wheelchairs and disabled badges. The man’s claim had been refused, despite him being diagnosed with only four months to live.

After first filling in the PIP form with name of his GP and oncologist, the man was assessed by an employee from Capita, who carry out assessments on behalf of the Department of Work and Pensions (DWP) in the Stoke area.

“The assessor had written ‘presented with no signs of breathlessness’ on the form, marked respiratory ‘not applicable’ and written that he didn’t need to be seen for another 18 months, when the man had been told he only had four months to live. The DWP then awarded him zero points,” Walker explained.

“I went direct to his oncologist and showed him the report, which had been filled in by a trainee disability needs assessor, and he went up the wall. He sent a letter to the tribunal confirming that he’d never been contacted by the DWP. The tribunal threw the case straight in the bin and gave the client the maximum award.”

Internal sources at the DWP have told  Walker that employees are under huge pressure to “knock back claims in our area. They can see these people have cancer, but they’re frightened of pushing back and losing their jobs.”

More than 96 per cent of the PIP tribunals are won by claimants in Stoke, however the cuts to legal aid prohibit those without support, while for the most seriously ill tribunals are waste of time: If a patient dies, Walker explained, the “claim dies with them” leaving family members saddled with any debts that might have accrued.

The DWP say that all PIP claims are “awarded on the basis of how someone’s condition affects them day-to-day rather than on the condition itself” and that all evidence is considered “including an assessment and information provided by the claimant and their GP.”

Capita stated that all their assessments are conducted “according to DWP rules” and that they are not involved in making decisions regarding claims or made aware of any outcomes.

National officer for local authorites, Fiona Farmer, said Work and Pensions Secretary Damian Green’s decision to end the retesting of those with “severe” conditions for Employment Support Allowance showed that the government could take action on PIP assessments if it wanted to.

She said: “Damian Green’s decision to end the unnecessary retesting of those who are seriously ill for Employment Support Allowance is a step in the right direction. But the fact that terminally ill people are being deprived of desperately needed help at the end of their lives, often as a result of cost cutting measures that get thrown out at tribunal is beyond words.

“It should serve as a reminder of just how low this government has sunk in its pursuit of austerity hitting the vulnerable in our communities. If Damian Green means what he says about ending ‘pointless and cruel testing’ he will put a stop to this scandal immediately.”