Woman from Headcorn seeking legal action against the DWP after she was denied benefits she was entitled to
15:46, 11 November 2020
updated: 15:53, 11 November 2020
A young woman who almost died waiting for the financial help she needed to support her mental health is calling for an urgent review into a government body.
Kayleigh Earl from Headcorn has suffered with mental health issues ever since she was a teenager and has been diagnosed with depression, anxiety and borderline personality disorder.
In February she tried to seek financial support from the Department for Work and Pensions (DWP) and applied for Personal Independence Payments (PIP).
Miss Earl is also a carer for her partner Emma - who has physical disabilities - so the extra money was a vital lifeline she needed.
Despite having a medical diagnosis, when she was assessed, Miss Earl says she was told there was nothing wrong with her and her claim was rejected.
After appealing the decision four times, it caused her so much stress, she attempted to take her own life.
The 30-year-old said: "Apparently my voice didn't sound flat or depressed even though I cried the whole way through the assessment.
"I sent in all the proof and documents they needed and in the end it made me so stressed, I found a representative to help me because I just couldn't deal with it.
"By November 3 they sent my rep a letter basically saying I was lying and they turned me down again.
"I ended up in hospital that night. I tried to take my own life because I had just had enough."
Kester Disability Rights, an organisation that supports people let down by the benefits system, which represents Miss Earl immediately called the DWP and told them she was in hospital.
The decision was reversed and Miss Earl was accepted for PIP allowance she was entitled to.
Miss Earl added: "It took for me to nearly die for them to actually believe me.
"There are so many people out there who just aren't getting the support they need because of these assessments which are not good enough.
"I do not want anyone else to go through what I went through.
"The fact you have to be pushed within an inch of your life before they believe you is disgusting."
Miss Earl and representative Kester Dean are now starting legal proceedings against the DWP.
"It took for me to nearly die for them to actually believe me."
They are asking for compensation and a review into the body’s handling of claims.
Mr Dean said: "This was as a result of disability discrimination – failing to recognise that Kayleigh, with a mental health based claim, was entitled to the money in the same way as someone with physical health problems.
"The assessment regime she was put through did not take into account the nature of her disability.
"During this time of national crisis it is vital that government bodies respond appropriately to people in dire circumstances.
"In this case the DWP and Government Legal Department did the exact opposite – ignoring Kayleigh’s needs until she attempted suicide, which finally brought home to them what we had been telling them which was that Kayleigh was obviously eligible for the money."
A DWP spokesperson said: “We’re committed to making sure that people receive all the support they are entitled to.
"Decisions are made using all the information that’s available to us at the time, including from a person’s GP or medical specialist.
"If someone disagrees with that decision then they have the right to ask for a review, as was the case here with Miss Earl.
“Having received further information in support of her claim as part of that review, Miss Earl will now receive the maximum PIP support available, and also a backdated payment of more than £5,000.”
For confidential support on an emotional issue, call Samaritans on 116 123 at any time or click here to visit the website.
