Jane’s Story

Jane Smith* had to finish work following a stroke and was put onto Employment Support Allowance (ESA) due to her being unable to work, as well as Personal Independent Payment (PIP). The Department of Work and Pensions (DWP), who administers these benefits, require that if your condition worsens, or you develop new conditions then you must inform them or you risk losing your benefit.

As she had further strokes and had been diagnosed with further conditions, including severe COPD, she informed the DWP. They sent out Work Capability Assessment forms (for ESA), and Limited Capability Assessment forms (for PIP) to complete. We completed these forms and sent them back to the DWP with accompanying medical evidence. They found her fit for work following her Work Capability Assessment, whilst her PIP was increased to the enhanced rate.

We put in a mandatory reconsideration on her ESA claim with even more medical evidence, but the DWP stuck to their original decision which is when we decided to apply for a tribunal.

We had the hearing at the tribunal in February where she was found to be unfit for work and was awarded her ESA. Unfortunately, the following week she was rushed to hospital following her 7th Stroke.

*names have been changed.

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