Judgment in a strike-out application by The Department for Work and Pensions


Many people with disabilities have to rely on benefits.  When they are suspended this can cause real hardship.  Here the claimant, due to disability, did not attend a medical examination.  The DWP decided that he had not shown “good cause” for this.  The claimant won the benefits appeal, as is so often the case,  and followed this up by bringing a separate disability discrimination claim. The DWP tried to argue that this could not be done and tried to get the discrimination claim struck out.  They argued that the appeal was the only remedy that persons with disabilities could rely on in this situation.  This judgment spells out the obvious.  The benefits appeal is only half the story.  If the DWP discriminates against disabled persons by making them go through an appeal against a discriminatory decision, it can be sued in damages by the disabled person.