BENEFITS are being cut as people are incorrectly being found to be “fit for work”. Local Democracy Reporter JOSEPH TIMAN finds out how Bolton Council is helping residents fight back for their welfare payments – and winning.

MILLIONS of pounds of welfare benefits which were incorrectly cut off by the government have been won back with the help of the local authority.

Almost four in every five decisions are being overturned at tribunals in which council advocates have helped residents who have lost access to benefits.

Since the first reforms to the welfare system came into effect six years ago, the council has helped to claw back £3.7m in lump sums by supporting residents’ appeals – and even more in weekly payments after they win the case.

Neil Murphy is one of many across the borough who have used the council’s Welfare Rights Service which helps residents win back their Personal Independence Payments (PIP) and Employment Support Allowance (ESA).

The 41-year-old, whose right arm was paralysed in a motorbike accident four years ago, was deemed to be “fit for work” twice following reassessments.

The first time this happened, the former roofer was moved from ESA to Jobseekers’ Allowance, cutting his income by £140 per month and forcing him to attend interviews.

He was offered a trial to become a shelf-stacker at B&M Bargains despite his disability but chose instead to challenge the Department for Work and Pensions’ decision to cut his benefits.

With the council’s support, Mr Murphy won the appeal and was put back on ESA – only to be found fit for work again less than two years later.

Although the latest decision was overturned earlier this year, Mr Murphy is still feeling the pinch from the months during which he went without ESA.

He said: “There’s stuff I’ve gone behind on. I’m still trying to pay it off. I’m slowly trying to get it back by the end of the year. I won’t be bothering with Christmas this year. Any money I’ve got spare will just go on to bills.”

The Bolton News:

Mr Murphy, who lives in Harwood, started receiving ESA payments after his motorbike accident in May 2015. On both occasions when he was reassessed, in July 2016 and January 2019, he was said to be fit for work.

But he described the assessment which led to the DWP’s decision as “absolute rubbish”.

He said: “They just ask you some questions and then sometimes they might get you to sit on a bed and press one arm against it. It’s stupid really. It’s a basic routine appointment which doesn’t suit everybody because every case is different.

“When I was reading the letter about what happened, some of it was made up. I was sat in the waiting room for a good 40 minutes and they were doing that to watch me.

“They said I was just sat there patiently. But I was getting up every 10 minutes, moving about. I went and complained at the reception that it was taking so long. They just watched me to make any mistake.”

“I think the assessment centres have been told to do this by the ESA – to kick everybody off.”

READ MORE: Welfare benefit reforms have cost Bolton residents an estimated £7m every year

Mr Murphy signed on for Jobseekers’ Allowance when he was informed of the DWP’s decisions. He was sent on a computer course run by a charity which he described as “reasonable” – but he said the jobs he was offered were not suitable.

The Harwood Vale resident admitted that he was physically capable of stacking shelves, but said he would be “very slow”. Mr Murphy was also encouraged to apply for office jobs despite his lack of computer literacy.

He said: “I’m an outdoor worker. They expected me to go and sit in an office for eight hours a day. I haven’t got a PC – never had one, never needed one. The job centre found that strange.

“I was expected to go work as a shelf stacker for B&M Bargains. But because I have no transport now, it would take an hour and a half to get there by bus.

“It was impossible for me to get a job because I’m disabled. It will never get better because the surgeon said it snapped the nerves in my spine. Nothing will change but I guarantee that in two years I will have to do this again.”

The Bolton News:

The Jobcentre pointed Mr Murphy to the council when he was looking to appeal the decision to take him off ESA and the local authority offered support during the appeals process. A council representative from the welfare rights service spoke for Mr Murphy in court.

This support, which he believes was essential to the success of both appeals, also “massively” helped him emotionally throughout the process, Mr Murphy said.

He added: “When you’re just a single person going up against the government, you’re not going to win. The council came with me, ran me through it just before, ran me through what could happen. What was best to bring up in my case.”

READ MORE: More than 12,300 people in Bolton are now on Universal Credit – and it will rise

Of the 4.4 million ESA decisions the DWP has made seven per cent have been appealed and four per cent have been overturned, according to the DWP.

Decisions related to ESA payments are made based on all the information that is available to the DWP at the time and includes evidence from a claimant’s GP or medical specialist.

A DWP spokesman said: “We want people to get all the support they are entitled to, and we expect our providers to give our claimants the highest quality service during their assessments. That’s why we set assessment providers challenging targets and monitor their performance closely. If someone disagrees with a decision they can appeal, and Mr Murphy continued to receive benefits while awaiting the outcome of his ESA appeals.”