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Terminally Ill Woman Has PIP Appeal Refused

April 20, 2016

A terminally ill cancer patient who was refused a disability benefit by the Government has had her appeal turned down though her GP provided a lengthy description of her illness.

Jane Windle, from Parkwood Street, St James, was first diagnosed with a carcinoid form of cancer in 2001 and has tumours in her lungs and pelvis.

But last month it was revealed the 52-year-old would not be entitled to receive the Personal Independent Payment (PIP) even though she has been receiving the Disability Living Allowance, which PIP is phasing out, since she got ill.

Mrs Windle has a stent fitted and has difficulty, breathing, moving and even struggles to stand up unaided.

The couple appealed the decision at the start of April and supplied the Department for Work and Pensions with a DS1500 form from her GP explaining the extent her cancer affects her, listing a range of other debilitating conditions including Chronic Obstructive Pulmonary Disease.

But they have now learned their appeal has been refused.

Mrs Windle says the decision has left the couple desperate.

She said: “It is so stressful.

“Now that money has stopped it is just crazy.

“We just think, how are we going to manage?

“I will have to get rid of all sorts of things – my phone will have to go, there is no way I can afford that.”

Mrs Windle and husband William have met with Northampton South MP David Mackintosh, to see if he can get their assessment overturned.

They are also looking to take the DWP to a tribunal to contest the decision – a process that can take months.

Mrs Windle says there is no way she can go out and find work.

“I just can’t,” she said. “I can go to sleep for two to three days at a time.”

“What if I am at work for a couple of hours and need to sleep? What are they going to do, roll out a bed?

Mr and Mrs Windle can apply for Jobseekers’ Allowance, but that would mean both would actively need to seek employment, even though Mrs Windle has regular doctors’ appointments and needs her husband for assistance.

Mr Windle said he will not stop fighting the decision.

“Jane’s assessment simply isn’t true.

“If these assessors were working in a hospital we would be looking at a complete misdiagnosis.”


31 Comments leave one →
  1. April 20, 2016 1:43 pm

    Surely the ATOS or Maximus assessor’s report should be investigated!

    Couldn’t the lame-stream press be persuaded to look into this?

    Could some sort of legal challenge be initiated (considering the disgraceful actions revealed in the Dispatches exposé concerning medical assessments)? Although, I imagine changes to legal aid might make this impossible.

    I’d hate to have to rely on my (s)tory MP for any justice.

    Could someone help this couple to initiate some crowd-funded legal assistance?

    Despite my bedroom tax, I’d chip in a fiver. Anyone?

  2. April 20, 2016 1:58 pm

    Reblogged this on sdbast.

  3. April 20, 2016 1:59 pm

    I agree with John Dee, This is disgusting. I am so sorry for them. I am terrified of getting cancer again ( had it 7 years ago and left me with physical damage) and I am waiting for those dreaded PIP forms and worried I will lose my wheelchair accessible car as I need proper car to transport my wheelchair around. Trying not to worry about it. I went to tribunal over my DLA 15 years ago and won but it was so stressful.

    • April 20, 2016 3:47 pm

      Marika – stay strong. Stress depresses the immune system and that in turn will further stress the NHS, which I’m beginning to suspect, is what this is all about – ‘two birds with one stone’ – from these evil psychopaths.

      Know that many of us are in the same situation (I myself have chemo-induced brain damage) but understand that WE are _truly_ “all in it together” so try to keep your chin up and stay in touch on social media to share your concerns and know there are others around who want to help.

      Now is a good time to take up meditation.

      PS. Stay on top of that form-filling jiggery-pokery – and be prepared to appeal every decision with help from:

      • April 21, 2016 3:01 pm

        Thank you so much JohnDee. I really appreciate this. Funnily enough someone said the same thing so I know that I will get the strength from somewhere and I am a great believer in prayer too. I signed up to benefitsandwork long time ago and will use them when the time comes.

  4. April 20, 2016 3:45 pm

    Reblogged this on campertess and commented:
    What are these assessors & decision makers on ? How more ill can a person be than terminal ? How stressful is it going to be continually fighting these idiots?

  5. April 20, 2016 5:10 pm

    Reblogged this on Benefit tales.

  6. N griffiths permalink
    April 20, 2016 5:47 pm

    Is this ESA or PIP? Why would someone have to go on jsa for losing their PIP claim? Besides, aren’t there special rules for terminal illness sufferers?

    • April 20, 2016 6:39 pm

      Specs on “…But last month it was revealed the 52-year-old would not be entitled to receive the Personal Independent Payment (PIP) …”

      The DWP defines ‘terminal’, not as most people would imagine, but as being ‘expected to die within the next six months’.

      Quite how ANYONE would qualify – seeing as they ignore doctors’ opinions – is beyond me, though! Maybe they don’t!

      • April 20, 2016 6:40 pm

        I have a terminal illness – just not according to the DWP!

  7. April 20, 2016 6:43 pm

    Re: “…Why would someone have to go on jsa for losing their PIP…”
    Losing PIP = ‘fit for work’ = JSA = “Get a job you sponging scrounger…”

    • April 20, 2016 7:04 pm

      It states in the first line that she has been refused disability benefit & PIP – it’s a disgraceful decision, I don’t know where they get these assessors from and the decision makers at the DWP. This government are nothing if not consistent with the their determined pressure on us disabled, they are trying to kill us all, one by one !!😥

  8. April 20, 2016 7:16 pm

    Re: “I have a terminal illness – just not according to the DWP!”

    Yet another miracle performed by ATOS and the DWP! Hurrah!

  9. April 20, 2016 8:25 pm

    This article is very confusing. It refers to her being refused PIP, but then goes on to talk about her having to go onto JSA.People can claim PIP whether or not they are working. There is mention of an appeal being turned down, but then having to go to a tribunal. It should say that a request for mandatory reconsideration was turned down and now they will have to appeal. People who are expected to die within six months can apply for the expedited system of assessment, but it does not sound as though this was done properly. A diagnosis is not enough. Should someone survive longer than six months, then the benefit can be claimed for up to three years and then looked at again.If relevant evidence were to be submitted, then it may well be that the decision could be reviewed without having to go to an appeal.Macmillan would point her in the right direction re benefits .

    • adele aldridge permalink
      April 20, 2016 10:58 pm

      she was turned down for pip and it is now a jsa claim as they were getting income support as her husband is her carer his carers allowance also stopped and the income support hence now it has to be jsa or esa i know the family personally they are good friends and are suffering terribly due to this error as aremany others in the same situation

    • April 21, 2016 12:11 am

      Sheila Hawken The whole system is, as you say, ” very confusing …”.

      You can’t expect a hack to pick it all up in one story, let alone, a disabled client to be able to accurately explain it all to a hack.

      The truth is utterly incredible, and with the average sheeple being persuaded by the lame-stream media that 30% of disabled are faking it – then what are the chances of the horrific truth being understood by anyone who isn’t personally experiencing it?

  10. April 20, 2016 10:57 pm

    Reblogged this on The lovely wibbly wobbly old lady and commented:
    Caring, compassionate conservatives …

  11. Heather Jones permalink
    April 20, 2016 11:14 pm

    I remember watching a documentary about the health system in the USA. It showed a woman living in a tent on a verge in Washington whilst undergoing treatment for cancer at a charity-run hospital. I thought that a first world country that allowed its people to be treated like that was shameful. And yet now this country, with the NHS we all love and cherish and a system where the weakest have been taken care of for years, we see a similar absence of compassion and care. I hope that the Tory voters realise that disability and illness can affect anybody – including them.

  12. April 20, 2016 11:52 pm

    Don’t count on it Heather. I don’t like to frighten you but… It’s like when the Nazis first came for the Jews. The (s)tory’s are narcissistic psychopaths …

    • April 21, 2016 3:05 pm

      Definitely agree with that, I see it happening here, us disabled and sick people, are in the words of the Nazis, “useless eaters” and this govt is going down the same slippery slope and already euthanasia is happening because why would they try and brush under all the DWP related deaths???? By the way I am just about managing holding down a job, I run my own part-time teaching business, so no sick pay for me, but it keeps the DWP off my back with looking for work and the Disabled Working Tax Credits makes sure I can pay my bills, decent food and proper heating. I am one of the more lucky ones. But I need my car to get from A to B especially as it transports my wheelchair!

  13. April 20, 2016 11:54 pm

    If someone is terminally ill then that surely is a passport on to ESA AND PIP the person should file court papers and ask that they make the DWP pay all costs and backdate her claim to day 1 and pay her compensation of at least £5000

    • April 21, 2016 12:01 am

      wildthing666 “…should file court papers…”

      Hadn’t you noticed? Legal Aid has all but been abolished. You wanna play the court game on your own? Good luck…

  14. April 20, 2016 11:56 pm

    “…Niemöller created multiple versions of the text during his career. The earliest speeches, written in 1946, list the communists, incurable patients, Jews or Jehovah’s Witnesses, and civilians in countries occupied by Nazi Germany. In all versions, the impact is carefully built up, by going from the “smallest, most distant” group to the largest, Jewish, group, …. and then finally to himself as a by then outspoken critic of Nazism. Niemöller made the cardinal “who cares about them,” clear in his speech for the Confessing Church in Frankfurt on 6 January 1946″ –

    Those cowards will get their turn – if they continue to say nothing…

  15. dee. p. permalink
    April 21, 2016 5:54 am

    Maximus are American , they lost there licence to practise there so why should the be allowed to practice here

  16. Toni Mills permalink
    April 21, 2016 9:57 pm

    What confuses me is that the article says that the claimant’s GP filled in a D1500 report. If this was submitted, then the claimant has applied for PIP under Special Rules and assuming the D1500 report was correctly done, there are no grounds for the DWP to refuse the claim. The claimant doesn’t get assessed, unless she is also claiming for mobility component, and doesn’t need to fill in the PIP claim form – it’s all done on the phone and enhanced rate daily living component is processed to start within a fortnight. I can only guess that the D1500 had an error in, in which case the claimant or a relative could ask the GP for another one and send it off. PIP in general is a dreadful, not fit for purpose benefit, but in my experience the DWP PIP staff are very sympathetic and clued up to special rules claims (but not necessarily so to non special rules claims!) and bend over backwards for these claims to proceed without a hitch.

  17. April 22, 2016 11:02 am


  18. Ros McCabe permalink
    April 22, 2016 6:02 pm

    Please EVERYONE contact your MP about how badly DWP and CAPITA are spending OUR money on stupidity rather than actually reviewing ill people

  19. John permalink
    April 22, 2016 9:52 pm

    And if you still don’t believe the government brought this in as a money saving exercise whilst they hide their tax fraud, you need to have your head examined. Shame there’s no NHS left to do it.

  20. permalink
    April 26, 2016 3:09 am

    The most. Unforgiving thing this goverment could do its all for monies for others not those that have saved I am am ashamed to now be a britisherer I wish her well being in remission myself

  21. permalink
    April 26, 2016 3:12 am

    It’s all about money saving we cannot support all emlgrantes


  1. Terminally Ill Woman Has PIP Appeal Refused | Same Difference | Jay's Journal

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