HEREFORDSHIRE woman Helen Boughen, who has needed 16 operations, including radical face reconstruction, has won a partial victory over the disability benefits she was denied.

Helen, who has a litany of health issues, had her disability benefits stopped after an assessment by the Department of Work and Pensions (DWP).

Despite major health problems and Asperger’s syndrome, she was assessed as having no claim to any disability benefits and her money was stopped.

But now she has been granted £87 a week, slightly more than half of what she lost, after a first appeal, known as a mandatory reconsideration.

RELATED NEWS: Justice! Helen's benefits are restored... and increased

And although it leaves her more than £70 a week out of pocket, she says she won’t fight for the rest because it is too stressful and she cannot face it.

The decision comes after her mother, Pauline, approached the Hereford Times and local MP Jesse Norman asking for help, and both took up the case with the DWP. The newspaper published Helen's last week.

RELATED NEWS: Helen's fight for benefits justice

Helen, 33, and Pauline, of Pontshill, Ross-on-Wye, have been fighting for five months after the assessment decided to cut her benefits from £232 a week to £73. All benefits relating to her disability were stopped and she was left just with Job Seekers' Allowance.

Helen’s radical facial surgery has left her with a false eye, no feeling on one side, and scar tissue which makes it hard for her to open her mouth properly to communicate, eat and breathe.

Taking bone and muscle from different parts of her body has left her with weaknesses in her hips, legs, and one arm. She has lesions on her brain and spine caused by her underlying condition, neurofibromatosis, which causes tumours to grow along the nerves.

Radical radiotherapy has weakened her bones.

Helen is still being denied a mobility element in her benefits, because the DWP assess she can walk 200 metres.

Helen says she can, but "it’s really hard work and it hurts".

She has also been told she may be entitled to some more money as a disability top up to her JSA, but has to wait to find out.

Helen could take her case to a full appeal, although that would probably not be heard for a year or so because of delays in the appeal system.

While fewer than one in five assessment decisions are overturned at the mandatory reconsideration stage, approaching four in five are overturned at the tribunal stage.

But despite a good chance of success, Helen and Pauline have decided not to take it further.

“We are so tired of this,” said Pauline. “We cannot fight any more.

“We should not have had to have gone through this awfulness. We could appeal, but Helen told me: 'No, I cannot do this.’

“It is so emotional and wearing, especially when you are also dealing with many other health issues.

“Helen has a big meeting on Friday about her ongoing medication and she isn’t feeling that great.

“There is relief now after months of stress, but then it hits you.

“I hope the publicity will give other people the confidence to appeal and show where they can go for help. It’s really hard. If Helen had been on her own she would not have done anything about this because she would not have known where to start.”

A DWP spokesperson said: “We are committed to ensuring that people get the support they are entitled to.

"After revisiting the case the decision has been made to award Ms Boughen the enhanced daily living component of PIP, an increase of over £30 per week from her DLA entitlement.

“Decisions are made based on all the evidence we receive at the time. If someone disagrees with a decision, they can appeal and provide further evidence through a mandatory reconsideration.”

The DWP says most people get PIP after being reassessed from DLA, with more than half having their award maintained or increased and 29 per receiving the highest level of support, compared with 16 per under DLA.

It says decisions are made based on all the evidence its receives at the time. If someone disagrees with a decision, they can appeal and provide further evidence through a mandatory reconsideration.

Mr Norman’s office has been contacted for a comment.