THE heartbroken family of a terminally ill man who died shortly after the DWP assessed him as 'fit for work' are challenging the ruling at an independent tribunal.

Phillip Balderson had been living with esophageal cancer since 2013, and had struggled with psoriatic arthritis and a number of mental health problems, including anxiety and OCD.

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In February 2017, the Department for Work and Pensions summoned the father-of-one to a health assessment where it was decided he was no longer eligible for benefits and should be seeking work- a decision which stunned the family.

Burnley-born Mr Balderson appealed the decision, but sadly died on June 5 before a new verdict was given - he was 46 years old.

His partner Rachel Stockley said:" He was getting Employment Support Allowance, that was all fine but then he his dad died and his mental health got worse- Phillip just went downhill from there.

"Then he got a letter to say he had to go for an assessment and he was worried.

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"He was being judged by someone who was meeting him for the first time and that was that.

"He was complaining about pains in his liver before he had to go to his job centre appointment, and got worse before his assessment.

"I'm doing this for Phillip really because he was gutted.

"I think it's disgusting, it's terrible the way they treat people."

His daughter Chloe, 23, was also in disbelief, "he had terminal cancer and they were trying to send him to work," she said.

"The people at the job centre were disgusted."

The family, who live at Maychells Orchard in Allithwaite, have suffered a number of setbacks as Miss Stockley was also diagnosed with cancer back in 2010.

She said her partner of 25 years never talked about his diagnosed and was "frightened" by it.

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"He loved the quiet and loved walking, even when he was really ill we'd take him driving and he'd fall asleep in the car.

"The authorities need to show more concern towards people's needs and not judge them by how they look but you see it all the time.

"You just cant prepare yourself for it, even though you know it's going to happen it's no different from someone dying suddenly," she said.

The family have been supported through the process by Citizens advice in Windermere and will be attending a tribunal to overturn the decision at South Cumbria Magistrates' Court in Barrow on Thursday, December 14.

A spokesperson for the DWP said: "Our thoughts are with Mr Balderson’s family at this time.

"We are contacting Mr Balderson's next of kin to ensure they're paid any benefits owed at the time of his death.

"The amount paid will be dependent on the result of the Work Capability Assessment appeal that is currently at tribunal."