THE family of terminally ill man told he was 'fit for work' months before he died have received a full apology from the Department for Work and Pensions (DWP) just days before their legal challenge was set to take place.

Former hotel worker Phillip Balderson died in June, aged 46, before he could complete his appeal against a DWP ruling which stated he was no longer eligible for Employment Support Allowance, despite suffering from esophageal cancer, psoriatic arthritis and OCD.

Disgusted by the decision, his partner Rachel Stockley, 49, and daughter Chloe Balderson, 23, vowed to challenge the ruling and were gearing up for their case to be heard on December 14, before being contacted by the DWP on Tuesday.

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Miss Stockley said: "We got a phone call from a man at the DWP who said he had seen our story in the papers and that it was unacceptable, shouldn't have happened and that all the money would be paid.

"It's a weird feeling because it's been going on so long, and it's been quite upsetting – I can't really describe it.

"It's not just us, there are so many people going through this, it's disgusting but you just need to keep fighting, do not give up."

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The department's U-turn surprised the family, who live at Maychells Orchard in Allithwaite, who had been busy reading medical records and preparing paperwork ahead of the legal proceedings.

They have been told a full, written letter of apology will be sent out soon.

Miss Balderson said: "Mum said they were very apologetic and said it shouldn't have gone on this long.

"But last Friday, someone rang to speak to dad – the communication has been terrible.

"I'm still expecting something to go wrong but it is a relief that we don't have to go to the tribunal.

"Mum has gone through a lot and she's been very stressed and upset.

"I'm annoyed this all happened in the first place, but relieved it seems to be over now."

A DWP spokesperson added: "We have apologised to Mr Balderson’s family and have paid all benefits owed in full."

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