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'Why I went to court for my disability payments' | 'Why I went to court for my disability payments' |
(about 9 hours later) | |
The number of people going to court to try to win back a key disability benefit is expected to continue to rise this year, a leaked letter seen by the BBC suggests. We follow one woman who took her case to tribunal. | The number of people going to court to try to win back a key disability benefit is expected to continue to rise this year, a leaked letter seen by the BBC suggests. We follow one woman who took her case to tribunal. |
Debbie Neal was diagnosed with a rare kidney disease 10 years ago. She takes dozens of pills each morning to manage her symptoms - sickness, high blood pressure and seizures. | Debbie Neal was diagnosed with a rare kidney disease 10 years ago. She takes dozens of pills each morning to manage her symptoms - sickness, high blood pressure and seizures. |
She may well need a transplant in future. | She may well need a transplant in future. |
For the moment, she has to empty excess fluid from a tube attached to her stomach, and replace it with new liquid from a bag, five times a day. | For the moment, she has to empty excess fluid from a tube attached to her stomach, and replace it with new liquid from a bag, five times a day. |
"It is a burden," she tells the BBC's Victoria Derbyshire programme. "They say, 'Don't let it affect your life,' but you can only live your life to a point. | "It is a burden," she tells the BBC's Victoria Derbyshire programme. "They say, 'Don't let it affect your life,' but you can only live your life to a point. |
"I can't even remember what it was like not doing it." | "I can't even remember what it was like not doing it." |
Debbie lives on her own, and works part-time as a cleaner. For years, she has relied on disability living allowance (DLA) benefit payments - worth £80 a week - to help pay the bills. | Debbie lives on her own, and works part-time as a cleaner. For years, she has relied on disability living allowance (DLA) benefit payments - worth £80 a week - to help pay the bills. |
But last year a letter came in the post, saying her payments had been stopped completely. | But last year a letter came in the post, saying her payments had been stopped completely. |
DLA is being replaced by another disability benefit scheme - the personal independence payment (Pip). | DLA is being replaced by another disability benefit scheme - the personal independence payment (Pip). |
Debbie's case had been reassessed by a private company and it was decided she did not need the payments. | |
"I was scared. I thought, 'Why are they doing it?'" she explains. | "I was scared. I thought, 'Why are they doing it?'" she explains. |
"You sort of judge yourself differently. You think, 'Well [my condition] can't be that bad then.' | "You sort of judge yourself differently. You think, 'Well [my condition] can't be that bad then.' |
"But they can't be right when I'm doing this all the time," she says, sitting connected to the bag of fluids. | "But they can't be right when I'm doing this all the time," she says, sitting connected to the bag of fluids. |
"I mean, do they have to do it? How much would it disrupt their life?" | "I mean, do they have to do it? How much would it disrupt their life?" |
Find out more | Find out more |
Watch the Victoria Derbyshire programme on weekdays between 09:00 and 11:00 on BBC Two and the BBC News channel. | Watch the Victoria Derbyshire programme on weekdays between 09:00 and 11:00 on BBC Two and the BBC News channel. |
The government says overall it is spending more on disability benefits, and that Pip is a better system based on individual need than the "outdated" DLA scheme it replaced. | The government says overall it is spending more on disability benefits, and that Pip is a better system based on individual need than the "outdated" DLA scheme it replaced. |
Official figures show more than 250,000 people have lost money in the switch from DLA, some with incurable diseases. | Official figures show more than 250,000 people have lost money in the switch from DLA, some with incurable diseases. |
Debbie had been given an indefinite, or "life", payment under the old system. | Debbie had been given an indefinite, or "life", payment under the old system. |
After failing to get her case reviewed, she decided to go to a tribunal - in court - to ask a judge to overturn the decision. | After failing to get her case reviewed, she decided to go to a tribunal - in court - to ask a judge to overturn the decision. |
'Assessors are rushed' | 'Assessors are rushed' |
The number of people taking the government to court over Pip has risen sharply in recent years as more people were switched to the new benefit. | The number of people taking the government to court over Pip has risen sharply in recent years as more people were switched to the new benefit. |
The Victoria Derbyshire programme has seen a leaked letter to tribunal judges - from a senior judge working on benefit tribunals - suggesting the number is expected to increase again this summer. | The Victoria Derbyshire programme has seen a leaked letter to tribunal judges - from a senior judge working on benefit tribunals - suggesting the number is expected to increase again this summer. |
Around 65% of people who take their case to tribunal are successful, higher than for most other types of benefit. | Around 65% of people who take their case to tribunal are successful, higher than for most other types of benefit. |
When Debbie's case was heard at Kidderminster Magistrates' Court, she was questioned for around an hour in front of a panel including a judge, a doctor and a disability specialist. | When Debbie's case was heard at Kidderminster Magistrates' Court, she was questioned for around an hour in front of a panel including a judge, a doctor and a disability specialist. |
Debbie was awarded the standard daily living element of Pip for 10 years - an unusually long period of time without reassessment. Any money she had lost was backdated. | Debbie was awarded the standard daily living element of Pip for 10 years - an unusually long period of time without reassessment. Any money she had lost was backdated. |
New figures seen by the Victoria Derbyshire programme suggest the amount of public money spent on Pip tribunals stands at around £1m a week. | New figures seen by the Victoria Derbyshire programme suggest the amount of public money spent on Pip tribunals stands at around £1m a week. |
Judges and others who sit on tribunals can lose their jobs if they speak to the media, but some were prepared to talk on the condition of anonymity. | Judges and others who sit on tribunals can lose their jobs if they speak to the media, but some were prepared to talk on the condition of anonymity. |
"As a tribunal member we often have to start again when it comes to appeals," said one. | "As a tribunal member we often have to start again when it comes to appeals," said one. |
"We often see people who get nothing at all in the first assessment. Then we end up giving the maximum award possible and just can't understand [the original decision]. | "We often see people who get nothing at all in the first assessment. Then we end up giving the maximum award possible and just can't understand [the original decision]. |
"It's pretty obvious assessors are rushed and they are just copying and pasting answers. | "It's pretty obvious assessors are rushed and they are just copying and pasting answers. |
"Sometimes they don't even change the pronouns, so you get a woman being described as 'he' in the assessment document. | "Sometimes they don't even change the pronouns, so you get a woman being described as 'he' in the assessment document. |
"Not all are like that but the problem is, if some can't be trusted, then it taints the whole system." | "Not all are like that but the problem is, if some can't be trusted, then it taints the whole system." |
'Great sense of injustice' | 'Great sense of injustice' |
The government says since Pip was introduced, more than 2 million decisions have been made - of these 7% of cases have been appealed against and 3% overturned. | The government says since Pip was introduced, more than 2 million decisions have been made - of these 7% of cases have been appealed against and 3% overturned. |
A spokeswoman for the Department for Work and Pensions said: "We constantly review our processes to make sure they are working in the best way possible." | A spokeswoman for the Department for Work and Pensions said: "We constantly review our processes to make sure they are working in the best way possible." |
For Debbie, the whole experience was stressful and nerve-racking, as she puts it, but ultimately she feels it was worthwhile. | For Debbie, the whole experience was stressful and nerve-racking, as she puts it, but ultimately she feels it was worthwhile. |
"For people who are out there, who are honest and who need the help, just don't give up," she says. | "For people who are out there, who are honest and who need the help, just don't give up," she says. |
Watch the Victoria Derbyshire programme on weekdays between 09:00 and 11:00 on BBC Two and the BBC News channel. | Watch the Victoria Derbyshire programme on weekdays between 09:00 and 11:00 on BBC Two and the BBC News channel. |