MP wins landmark case for benefits-cut patient
WELSH Labour MP Anna McMorrin believes she has uncovered a major flaw in the way disabled people appealing against benefit cut decisions are having their cases assessed.
The appeals have been outsourced by the Department of Work and Pensions (DWP) to private-sector firm Capita.
After supporting the cases of a number of her Cardiff North constituents, including Barbara Stensland, who has multiple sclerosis (MS), Ms McMorrin has been told by a DWP official that letters of support from MPs that may contain vital medical evidence have not been available for viewing by Capita before assessments are made.
In a letter to Ms McMorrin, a DWP official has stated that although letters of support are uploaded to their system, they are categorised as “MP Letter” and this category is not available to be viewed by Capita prior to assessments.
The letter goes on to apologise for the failure and upholds Ms McMorrin’s complaint.
At the beginning of 2018, Ms Stensland had her disability allowance severely cut because the Capita assessor failed to recognise the impact of her MS condition.
As part of the appeal process, she was told that a letter from her MS nurse would not be accepted as evidence because it was considered too subjective. It was only after she contacted Ms McMorrin that the MP was able to have the appeal expedited and overturned at tribunal.
Ms McMorrin said: “What I’ve uncovered in fighting for Barbara and others proves that the DWP PIP [Personal Independence Payment] assessment system is broken.
“It is ridiculous that letters from MPs are not seen by assessors when they contain vital information. But more worryingly, constituents are telling me that letters from GPs and medical professionals are also being disregarded, despite them having a far better insight into their patient’s condition.”
The MP said the DWP admits that Capita assessors do not need to have expertise in the medical condition that they are assessing: “As such, without letters from medical professionals and MPs to mitigate this lack of understanding, many people like Barbara are then left to fend for themselves against a long and uncompromising tribunal process when they are already unwell.
“Although I am pleased we were able to overturn the decision for Barbara, I am concerned that millions more are being made to suffer unnecessarily as the full impact of their condition is not being taken into consideration by the DWP. I urge anyone going through the reassessment process to contact their local representatives to highlight this oversight and injustice.
“Life with MS is challenging enough, without having to prove to the DWP that you still have an incurable illness, and I believe people should be supported, not demonised in our society. The UK government’s cruel decision to have people with MS, and other incurable conditions, reassessed is unnecessary and should stop. I intend to raise this in Parliament.”
Ms Stensland said: “I am thrilled to have won the appeal, but being forced to go through the appeals system has been very stressful.
“The main problem we are facing is that specialist MS nurses are being advised not to bother writing letters for us as the DWP has told them they will be disregarded.
“Now we find out that GPs and some MPs are being told the same, which directly contradicts the DWP’s own form-filling guidelines.”
Fiona McDonald, of MS Society Cymru, said: “We’re delighted with Barbara’s victory, which shows what can be achieved. But we know that many disabled people are afraid of complaining because they’re worried it will be held against them. We’re ready to help anyone who calls our free helpline on 0808 800 8000.”