What To Do When You’ve Been Sanctioned or Had Your PIP Claim Rejected, and It Has Affected Your Mental Health
Facing sanctions or having your Personal Independence Payment (PIP) claim rejected can be devastating, especially when it impacts your mental health. Financial hardship can amplify stress, anxiety, and other mental health conditions, as well as cause multiple sclerosis relapses, creating a cycle of deterioration that feels impossible to escape. This guide explores your legal rights, what steps to take to seek justice, and how you can claim compensation for the emotional distress caused by these decisions.
It is against the law for the government to cause financial hardship and emotional distress, especially when they are expected to uphold a duty of care to protect vulnerable individuals. Public bodies like the Department for Work and Pensions (DWP) are legally bound by the Equality Act 2010 and Human Rights Act 1998 to ensure that their decisions do not disproportionately harm those with disabilities or mental health conditions. When a rejected PIP claim or unjust sanction leads to severe financial hardship and worsens mental health, it can constitute a violation of these legal protections. The government, which should be aware of the consequences of their actions, must be held accountable for neglecting their legal responsibilities and causing unnecessary suffering.
Legal Considerations: Has The Government Breached Any Laws?
When a government department like the Department for Work and Pensions (DWP) rejects a PIP claim or imposes sanctions, they must follow strict procedures. If they fail to do so, they may breach laws that protect you from undue harm.
- Equality Act 2010: The DWP must ensure that people with disabilities are not discriminated against. If your PIP claim was rejected due to a lack of understanding of your disability or mental health condition, it could constitute indirect discrimination.
- Human Rights Act 1998: Article 3 of the Human Rights Act protects individuals from inhumane or degrading treatment. If the rejection or sanction caused severe mental distress and financial hardship, leading to emotional suffering, you could argue that the DWP’s actions violated your human rights.
- Public Sector Equality Duty: Under the Equality Act, public bodies like the DWP are required to consider the impact of their decisions on individuals with disabilities. If your mental health deteriorated because they failed to accommodate your needs, this duty may have been breached.
- Duty of Care: Government bodies have a duty of care to ensure that their actions do not cause unnecessary harm. If you’ve experienced significant emotional distress or a worsening of your mental health due to their actions, you may be able to argue that they breached this duty.
Steps To Take If Your PIP Claim Is Rejected or You Face Sanctions
If your claim has been rejected or you’ve been sanctioned, and it has negatively impacted your mental health, there are steps you can take to seek justice and potentially claim compensation.
1. Request a Mandatory Reconsideration
The first step after a PIP rejection or sanction is to request a Mandatory Reconsideration. This means asking the DWP to review their decision. It’s important to include any new medical evidence or reports from healthcare professionals that demonstrate how the decision has affected your mental health.
- Tip: Make sure to request this reconsideration in writing within one month of receiving the decision letter.
2. Seek Legal Advice
If the reconsideration doesn’t go in your favor, consider seeking legal advice. You can contact a legal aid solicitor or organizations like Citizens Advice, Disability Rights UK, or LawWorks (Pro Bono), which provides free legal assistance to those affected by benefits issues.
A solicitor can help you determine if you have grounds for a judicial review or a claim for damages due to mental health deterioration caused by the DWP’s decision.
3. File an Appeal
If your reconsideration is rejected, the next step is to file an appeal with the tribunal. Tribunals are independent bodies that can overturn DWP decisions. You’ll need to submit your appeal within one month of receiving your reconsideration notice.
- Tip: Collect all medical reports, evidence of the impact on your mental health, and any financial hardship you’ve faced as a result of the decision. This evidence can support your case during the appeal process.
4. Document the Impact on Your Mental Health
It’s crucial to document how the rejection or sanction has affected your mental health. This documentation can include:
- Medical records
- Letters from therapists or psychologists
- Detailed accounts of how the financial stress has worsened your condition
- A personal diary detailing the emotional toll
This evidence will strengthen your case for appealing the decision or seeking compensation for the emotional distress you’ve suffered.
5. Explore Compensation for Emotional Distress
If your mental health has significantly worsened due to the DWP’s actions, you may be entitled to compensation for emotional distress. The process of claiming compensation is complex and usually requires the assistance of a solicitor.
You could file a personal injury claim under the law of negligence. If the DWP has failed to meet their duty of care, and it has resulted in your mental health deteriorating, they could be liable for damages.
6. Raise Awareness or File a Complaint with the Ombudsman
If you believe that you’ve been treated unfairly, you can file a complaint with the Parliamentary and Health Service Ombudsman. The Ombudsman investigates cases of maladministration, including delays, errors, or unfair treatment in handling PIP claims and sanctions.
By filing a complaint, you may be able to raise awareness about the issue and seek accountability from the government. However, this step should be taken after all internal complaints processes have been exhausted.
7. Seek Support for Your Mental Health
During this difficult time, seeking help for your mental health is crucial. Consider reaching out to mental health charities like Mind, Rethink Mental Illness, or Samaritans, which offer resources and helplines for those struggling with the emotional toll of benefit rejections.
Conclusion
Being sanctioned or having a PIP claim rejected is a difficult experience, especially when it worsens your mental health. However, you don’t have to go through it alone. By following the steps above, you can challenge the decision, seek justice, and claim compensation for the emotional distress you’ve suffered.
Remember: You have rights. No one should face financial hardship or mental health deterioration at the hands of the government without proper recourse. By documenting your experiences and seeking legal advice, you can fight for the justice and compensation you deserve.
Further Reading
- https://disabledentrepreneur.uk/pip-personal-independence-payment-delays-and-the-repercussions-on-mental-physical-health/
- Stress and MS | MS Trust
- https://disabledentrepreneur.uk/anxiety-understanding-and-coping-with-a-common-emotional-disorder/
- 12 MS Triggers to Avoid: Stress, Heat, and More (healthline.com)
- Equality Act 2010 | EHRC (equalityhumanrights.com)
- Human Rights Act 1998 (legislation.gov.uk)
- Article 3: Freedom from torture and inhuman or degrading treatment | EHRC (equalityhumanrights.com)
- Public Sector Equality Duty: guidance for public authorities – GOV.UK (www.gov.uk)
- Duty of Care – Definition, Meaning, Examples, Cases, Negligence (legaldictionary.net)
- https://www.citizensadvice.org.uk/
- Disability Rights UK | We are Disabled people working for an inclusive society
- LawWorks | The Solicitors Pro Bono Group
- https://disabledentrepreneur.uk/can-you-sue-for-emotional-distress-and-discrimination/
- https://www.moneygeek.com/debt/resources/how-debt-can-harm-your-health/
- https://www.financial-ombudsman.org.uk/consumers/expect/compensation-for-distress-or-inconvenience
- https://www.compensationcalculatoruk.co.uk/personal-injury-claims/emotional-pain-and-suffering-calculator