Tag Archives: Lorraine Cox

This grandmother DIED weighing just three stone because the Tories LIED about reviewing benefits for the terminally ill

Christine McCluskey: when she died, after your Tory government cut her benefits, she weighed just three stone.

Christine McCluskey did not have to die in the humiliating way your Conservative government demanded.

The 61-year-old grandmother had suffered long-term health problems most of her adult life including Crohn’s disease – which left her with a colostomy bag – osteoporosis, arthritis, a stroke and chronic obstructive pulmonary disease (COPD).

This housebound lady had a feeding tube and a painful fistula that leaked through her abdominal wall, she was severely malnourished and was being investigated for a worrying cough at the time the Department for Work and Pensions assessed her for Personal Independence Payment.

The decision: her payments of £117.85 per week were removed and her mobility car was taken away from her.

Weeks later she was diagnosed with terminal cancer but her payments were not restored. She died four months after her benefits were stopped, weighing just three stone.

She was unable to receive fast-track access to PIP that is available for people with terminal illnesses who have less than six months to live, because she was unable to show when she was likely to die.

But doesn’t her case, along with those of Stephen Smith and Errol Graham, show that – deprived of benefits – people definitely will die within the six months stipulated?

The matter is even worse, though: The Tory government promised to review its six-month rule more than a year ago – and then forgot about it.

In the time since then, it is believed that more than 3,000 people have died in similar ways to Ms McCluskey while the Tories sat on their thumbs.

Earlier this month, motor neurone disease sufferer Lorraine Cox won a court case demanding a judicial review of the rules that demand only people with certain illnesses, who can prove they will die within six months, may claim PIP on the fast-track system.

So the Tories will have to go to court and defend their decision (albeit by omission) to cause these thousands of deaths.

Or will they just quietly announce a rule change between now and the hearing, as they have with the safeguarding rules that failed Errol Graham?

Whatever happens, it seems a rule change will happen. If so, This Writer hopes the families of the deceased – likely to number more than 20,000 over the last six years – demand compensation through the courts.

More than 300 are already doing this over a change in Universal Credit rules, after the system that deprived people of benefit because they were paid on different dates at the end of each month was condemned as “irrational” by the Court of Appeal.

Will the Tories care?

That is a good question, that cuts to the heart of Conservative policy on benefits.

It has been argued that the benefit system is heartless and kills people because the Tories want to save money and don’t care if people die as a result.

But their system of constant review and persecution is actually more expensive than simply paying the benefits – especially when one adds in the cost of appeals by all the claimants who have been denied benefits under false pretences, and now the cost of compensation claims.

Current Tory measures have done nothing to reduce benefit fraud, which remains a miniscule proportion of all claims.

So it seems we should ask the question nobody seems willing to ask:

Did the Tories impose these rules simply because they wanted to kill vulnerable people?

Source: Grandmother, 61, with terminal cancer died weighing three stone after DWP stopped her benefits

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Did 3,000 people HAVE to die penniless while the Tories fought court case over PIP for the terminally-ill?

Lorraine Cox: she has motor neurone disease, but was denied PIP because she could say she would die within six months. It seems 3,000 others who also couldn’t predict their own deaths have died without receiving PIP in the last year.

It is one year since the Tories pledged to review their rules on which terminally-ill people could claim Personal Independence Payment – and it seems more than 3,000 would-be PIP claimants had to die before they were forced to do it by a court ruling.

They died without receiving PIP, because they could not predict when they were likely to die.

This Site celebrated like many others when Lorraine Cox won her case demanding a judicial review of the rules that said only people with particular terminal illness could claim PIP – and only if they knew they would die within six months.

Now we discover that – if recent trends have continued – then 3,000 people died between the Tories pledging a review that seems not to have happened and the Tory defeat in the Cox case.

I asked what happened to those people while Ms Cox was fighting her case in court.

Well, now we know.

According to The Mirror:

DWP figures show 17,070 people died waiting for a Personal Independence Payment (PIP) decision in five previous years.

If that pattern repeated, more than 3,000 will have died in similar cases since the review launched last summer.

Charities have demanded change.

The Tories are saying the Covid-19 crisis delayed their review.

Source: DWP: 3,000 people ‘die waiting’ for terminally ill benefit reforms one year on – Mirror Online

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Terminally-ill woman wins discrimination court case against DWP. What about those like her who have already died?

Lorraine Cox.

This is a genuine landmark judgement against the Department for Work and Pensions, and a boost for anyone with a terminal illness who cannot predict when the end will come.

It is also a blow against the tastelessness with which the Tory-run government department carries out its affairs, without the slightest pang of sensitivity about demanding that someone identifies the moment of their own death.

(For a similarly tone-deaf attitude, consider the rule that says single mothers must provide details of their rape before receiving child benefit for a third child.)

But what struck This Writer most about the story was the number of people who were shocked to read it, after I published my piece about it last week.

Lorraine Cox is only the latest in a long line of people with terminal illnesses to have suffered prejudice from the DWP, yet it seems many readers were learning about it for the first time.

The ruling that people with terminal illnesses can only receive PIP if they are likely to die within six months has been in place for years – as has the list of such illnesses on which the DWP relies.

The government has used it to discriminate against thousands, if not tens of thousands, of people before Ms Cox won her case.

What about them? What about their family and/or carers if they have passed on.

Are they due for compensation after the DWP ignored their pleas for support in their/their relatives’/friends’ twilight days?

Will they be permitted to demand recompense and restitution from the Tory-run DWP? Or will they be ignored?

I hope these are all matters the judicial review will consider.

A woman who has motor neurone disease was unjustifiably denied fast-tracked disability benefits because it was not clear how long she would survive, the High Court has ruled.

In a landmark verdict, the judge ruled Lorraine Cox, 40, suffered a breach of her human rights.

While other people with life-limiting conditions had the immediate right to enhanced payments, she was refused.

This was “manifestly without reasonable justification”, said the judge.

In court on Wednesday, Mr Justice McAlinden ruled the difference in treatment for terminally-ill claimants who cannot reasonably meet the six-month life expectancy rule was discriminatory.

He granted her leave for a judicial review.

Source: Motor neurone disease: Six-month death rule ‘discriminatory’ – BBC News

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Terminally ill woman forced to fight for benefits as it’s uncertain if she’ll die in six months

Lorraine Cox.

A woman from Derrylin, in Fermanagh, Northern Ireland, has challenged the legal definition of a terminal illness after she was refused access to benefits due to uncertainty over her lifespan.

Lorraine Cox has Motor Neurone Disease.

Lorraine was required to still look for work months after she medically retired because of her condition.

The 40-year-old then underwent a medical assessment for both ‘Universal Credit’ and ‘Personal Independence Payment’ (PIP) due to a rule which states that those who qualify for payment are expected to die within a period of six months.

Law Centre NI legal officer, John McCloskey, who is assisting Lorraine in her application explained; “The inclusion of the six month criterion in the legal definition of a terminal illness has been described as cruel.”

It is restricting access to support for people at a very difficult time. “The six month rule was introduced over 30 years ago and was intended to assist people in accessing special terminal illness rules, not restrict them. It is now hurting terminally ill people who have an illness that’s more difficult to accurately predict.

“The Westminster all-party parliamentary group for terminal illness described the six month criterion as ‘unfit for purpose’ and called on the UK government to amend the legal definition of a terminal illness.

“Walter Rader, in his independent review of PIP in Northern Ireland, recommended that the clinical judgement of a medical practitioner should be sufficient to allow special rules to apply. We are now testing whether the application of the six month criterion is in fact lawful.”

Source: Terminally ill woman ‘forced to fight for her benefits’ – The Fermanagh Herald

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