Tribunal Service/DWP Fails Widow
Last year Disability Direct were approached by Mr X for support to appeal his transition from DLA to PiP.
When on DLA Mr X was entitled to both elements of daily living and mobility, on transitioning to PIP his daily living was upheld, but mobility reduced which meant he lost his mobility car and any independence he had.
Apart from the loss of his independence, Mr X felt that his disability was being ignored and nullified which was insulting.
As his condition had deteriorated and not improved Mr X followed procedure and put in a Mandatory Reconsideration which upheld the decision.
Mr X then went forward as is his right to ask for an appeal and the appeal was duly lodged.
Sadly in the time that it took for the appeal to get on the calendar to be heard at tribunal, Mr X died. His widow was unsure what to do, it was explained to her that Mrs X could continue with the appeal if she wanted to and if successful she would get the benefit backdated and up until he died.
Mrs X was very clear this was not about the money….but that she felt the stress and implications of Mr X’s disability being dismissed had added to her late husband’s quick health deterioration and subsequent demise and that for his memory the record should be put straight.
The DWP were informed that Mr X had passed away and that Mrs X would be going ahead with the appeal as his representative. The DWP acknowledged this change and informed the Tribunal Service, from this point on all paperwork was addressed to Mrs X .
This week Mrs X went to the Tribunal as she wanted to be her husband’s voice and put forward his case as a matter of principle. She bravely went in and sat down in front of the Tribunal panel……
The first question they asked to Mrs X…….Where is Mr X?
Mrs X was rightly upset and flabbergasted, she had followed all the correct procedures and either through ineptitude or error on behalf of DWP/Tribunal Services was put in this unbelievably cruel and upsetting position. Realising that a serious ‘error’ had been made, Mrs X’s case on behalf of Mr X was adjourned.
We hope an official apology will be forthcoming and that this situation will be dealt with with some considerable expediency!
Disability Direct will, of course, be offering Mrs X all and any support she wants to see this through to its conclusion.