‘Fit for work’ ruling overturned for man with half his skull missing

Kenny Bailey.

Kenny Bailey.

The DWP has claimed that the decision to reinstate Kenny Bailey’s ESA was based on further information – which is avoiding the issue.

Of course it’s based on further information; he had to appeal against the decision, giving his reasons for doing so. Any such appeal must by definition provide further information.

The operative question here is why anybody ever thought a man who needs help to get dressed would be capable of holding down a nine-to-five – and that’s without even addressing the fact that half his skull is missing.

So I find myself in agreement with Michael Dugher in this matter: “It should never have happened.”

The fact that it did is, in my opinion, a sign of serious maladministration at the Department for Work and Pensions.

A partially paralysed man who had half his skull removed after suffering a stroke has had his benefits reinstated and an original ‘fit for work’ decision overruled.

Kenny Bailey, who has trouble walking and needs assistance to get dressed, underwent an individual assessment requested by the Department of Work and Pensions.

The department initially deemed he should be working, despite the father-of-two being paralysed down his left-hand side and suffering from memory problems.

Bailey had informed his assessor that he would have “loved” to return to his career as a carer, but that his injuries had left him struggling with severe mobility issues.

Following an appeal, the 50-year-old won back his Employment Support Allowance of £78 a week.

Source: Kenny Bailey, Man With Half His Skull Missing, Has DWP ‘Fit For Work’ Ruling Overturned


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12 thoughts on “‘Fit for work’ ruling overturned for man with half his skull missing

    1. Mike Sivier Post author

      I didn’t understand this at first, but I’m taking it that you’re saying the default decision is that everybody is “fit for work”, and that only in extreme circumstances will a different decision be made.

      1. peter wyatt (@southerneruk)

        What the DWP is doing is illegal, this one off the reason why Cameron wants out off the EHRC and not the EU (apart from the job he will be getting in the unelected EU Commission). the EHRC is not any part of the EU, But the EU as to comply with the EHRC.

      2. Tony Dean

        That has been situation normal since Peter Lilley introduced the first version of the Work Capability Assessment.
        The default is fit for work.

  1. jeffrey davies

    all part of their aktion t4 plans ffw like that sign over that gate but further evidence is laughable has it was given at the start it just that it was shown how decisions at the dwp are made to bring about abuse to those sick disabled and mentaly ill they now they now each week more just give up to this abuse jeff3

  2. Rupert Mitchell (@rupert_rrl)

    Whoever made first decision should be removed from his or her post immediately and those responsible for employing such a person removed as well. The DWP should be renamed the Department of Work and Deprivations.

  3. NMac

    I suspect the decision was based on the fact that there was a lot of unwelcome publicity for the DWP, otherwise they would almost certainly have left the original decision in place. I wonder, is anyone being taken to task for originally deciding this man was “fit for work”?

  4. robert fillies

    I’m just glad that Mr Bailey has eventually been granted his esa, which anyone with a modicum of common sense could see he needs and is so obviously entitled to. The person responsible for the original decision must be severely reprimanded and have to undergo retraining to ensure they do not do the same to someone else. They also need to be assessed for a complete lack of empathy and common sense.

    1. Helen

      Retraining the person responsible for making this ludicrous decision about Mr. Bailey could prove expensive. Why not just dismiss him or her instead? They couldn’t make any more stupid decisions then.

  5. mrmarcpc

    Whoever this person was who found Mr Bailey fit for work will get a promotion, only doing following government policy, I’m pleased he’s won and will get what he should’ve gotten ages ago, the DWP and government are scum!

Comments are closed.