BBC radio presenter wins tribunal after Government claimed she was fit to work despite recovering from chemotherapy and a double mastectomy


BBC radio presenter wins tribunal after DWP wrongly claimed she was fit to work despite recovering from chemotherapy and double mastectomyDespite her breast cancer ordeal the DWP cut Val Armstrong's weekly cashBBC Cumbria DJ had 2 years off after chemotherapy and losing both breasts'When I was battling to get back to health, hurdles were put in my way'Val is now back at work but says legal fight was a matter of principle

Val had to undergo a work capability assessment. During this medical she was awarded points according to her condition.

Val needed to accumulate 15 points to continue to receive employment support however she was awarded 0 points.

In April 2012 the DWP then deemed her fit for work and were to stop her benefit unless she appealed.

Response: The DWP say that all Britons are able to appeal decisions, which they say are based on medical evidence

Response: The DWP say that all Britons are able to appeal decisions, which they say are based on medical evidence

Val teamed up with her Macmillan Cancer Support adviser to lodge one, as she knew she would struggle financially, especially as she cared for her mother.

Six months later she received a phone call from civil servants saying she still did not have enough points for the full benefit.

But after doing her homework Val soon found a regulation which stated that DWP hadn't followed their own rules.

She then took the DWP to a tribunal on April 3, 2013 which she won, and will now receive a back payment, and has returned to work.

She said: 'I am hoping that the people who genuinely feel that they have a case will find their voice and will take it all the way.

'I'm not fazed by the system and I know some people are but I totally believe that if people are being treated wrongly they they should take it all the way.'

A DWP spokesperson said: 'A decision on whether someone is well enough to work is taken after consideration of all the supporting medical evidence provided by the claimant, but everybody has the right to appeal a decision if they disagree with it'.