Government withdraws disability benefit legal appeals, at last

A government disability benefits boss has withdrawn another two legal appeals which now opens the door for more claimants to receive the benefits to which they are entitled.

withdrawn

Esther McVey, work and pensions secretary.

The appeals, by the UK’s Department for Work and Pensions (DWP), were withdrawn by the department’s secretary of state Esther McVey MP. Previously, she cancelled plans to challenge a legal judgment, prompting a major review of thousands of decisions about disability benefits cases.

Now, the DWP is once again on the back foot – and claimants are set to reap the benefit.

The department had appealed to the Upper Tribunal and the Court of Appeal after the First-Tier Tribunal ruled that two claimants with chronic conditions were entitled to the Personal Independence Payment (PIP). Ms McVey has now withdrawn both appeals.

Barrister Tom Royston, of Garden Chambers North, represented both the claimants. Since Ms McVey withdrew the appeals, Mr Royston has issued a damning analysis of the cases.

He criticises successive Work and Pensions secretaries for trying to enact and enforce a major change in the law without parliamentary approval.

Appeals cause unacceptable wait for justice

Further, from the dates the now-withdrawn appeals were lodged, the DWP has forced disabled people to wait for a final decision. That’s a wait of two years in one case, and three years in the other.

I can understand that nothing could be done while legal action, the appeals, were pending. But why has it taken so long to withdraw them? One was due to be heard this month. It’s crazy. It’s an unacceptable wait for justice.

Online campaigning journalist Mike Sivier, writing on Vox Political website, said: “Ms McVey, and successive Work and Pensions secretaries before her, has been gambling that her victims – yes, victims; and I think even that is too mild a word – would run out of stamina and let her have her way. It is a classic bullying tactic.”

I agree. The DWP should be ashamed of its actions. Esther McVey should be ashamed she took so long to withdraw the appeals. Prime minister Theresa May and her government should be ashamed of presiding over such a farce.

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Affiliate disclaimer: This affiliate disclosure details the affiliate relationships of MS, Health & Disability at 50shadesofsun.com with other companies and products. Read more.

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50shadesofsun.com is the personal website of Ian Franks, a freelance medical writer and editor for various health information sites. He enjoyed a successful career as a journalist, from reporter to editor in the print media. He gained a Journalist of the Year award in his native UK. Ian received a diagnosis of MS in 2002 and now lives in the south of Spain. He uses a wheelchair and advocates on mobility and accessibility issues.

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Note: Health-related information available on 50shadesofsun website is for your general knowledge only. It is not a substitute for medical advice or treatment for specific medical conditions. I am not a doctor, so cannot and do not give you medical advice. You should seek prompt medical care for any specific health issues. Also, consult a doctor before starting a new diet or exercise programme. Any opinions expressed are purely my own unless otherwise stated.

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