Disability Benefits Assessments

Andy McDonald Excerpts

Tuesday 1st February 2022 Westminster Hall

[Andy McDonald (Middlesbrough) (Lab)]

I congratulate my hon. Friend the Member for Battersea (Marsha De Cordova) on securing this debate.

I will raise two cases of my constituents’ Kafkaesque experiences of disability benefits assessment. Susan had a work-related accident in 2019. She had an initial operation that left her severely disabled, virtually housebound and in a great deal of pain, unable to walk or to use a wheelchair. After claiming the new-style employment and support allowance in January 2020, she had a telephone assessment in July, followed by a recommendation that she had a further face-to-face medical examination—but medicals were suspended at the time, due to the coronavirus pandemic. By the time she was called for a face-to-face medical, the 365 days of the new-style ESA had expired.

Now, after months and months of waiting to obtain a decision relating to her work capability assessment, no decision has been made—or, it seems, will ever be made —about Susan’s eligibility for the ESA support group. A great deal of medical evidence has been handed to the DWP, providing detail as to the extent of her disability, on which they could have and could still make a decision. The DWP could also use as evidence its own face-to-face medical of late 2019 for her PIP, the outcome of which was the award of the higher rate of the mobility component, as well as an award for care needs.

I have made representations to the DWP and, following my letter of May ’21 to the complaints team, I understand that the Centre for Health and Disability Assessments was asked to reassess its position, but it has still failed to provide recommendations on Susan’s eligibility. There remains no report on which the DWP could make a decision and, without a decision, she has been left in the iniquitous position of being denied the right of appeal. Ironically, she would have had the right if the support group had initially been refused. Based on the evidence, she would have been in a very good position to succeed in an appeal. I implore the Minister to intervene to resolve Susan’s claim.

The other case is that of Aaron Merharban, a 21-year-old young man who suffered from deafness, anxiety and epilepsy, from which he died on 15 June 2019. His family firmly believe that that was brought on by his earlier experiences of the inhumane assessment process, just two days before he was due to attend a medical for a personal independence payment.

Aaron had been receiving DLA for some time. He had qualified for that without any issues, but he was made to apply for PIP. His claim for PIP was refused, as was his subsequent appeal. His mother recounted to me that the treatment Aaron endured through that process—at the initial medical, and in particular at the subsequent tribunal of February 2019—traumatised him to the extent that he was absolutely terrified of going to the next medical he was called to. Understandably, his mother is convinced that that was a major factor in bringing on the seizure that caused his death. Devastatingly, Aaron died alone at his home. Had he been awarded PIP to help pay for the care that he needed, that situation might well have been avoided.

Heartbreaking cases such as those leave me utterly despairing about the way in which this Government treat our fellow citizens. The way in which a society looks after the most in need says all we need to know about it. If anything is clear about the system of disability benefits assessments, it is that it is an outright damning indictment of Tory Britain.