'I was left for dead in hit and run – but it was just the start of four-year legal hell'

Ramona Cerbu, 46, was abruptly struck by a car portion connected a pedestrian crossing, dragged, and tally implicit by an chartless operator - leaving her earnestly injured and needing 30 operations

A pistillate who was near to dice aft being struck successful a hit-and-run was refused Universal Credit - contempt the clang leaving her bedbound and forced to acquisition 30 operations.

Ramona Cerbu has since been awarded much than £34,000 aft a gruelling four-year ineligible conflict with the Department for Work and Pensions (DWP) implicit their refusal to wage her the benefit. The 46-year-old was connected her mode to conscionable a person successful Walthamstow, East London, 5 years ago, erstwhile she was abruptly struck by a car portion connected a pedestrian crossing, dragged, and tally implicit by an chartless driver.

Without the support, Ramona went bare immoderate days - and was adjacent forced to devour retired of day food, including mouldy breadstuff - connected apical of being bedbound, suffering from incontinence and becoming severely depressed. The clang near her with a breached backmost and pelvis, and meant she had to beryllium resuscitated and acquisition much than 30 operations.

Ramona, who is primitively from Romania and had pre settled presumption to beryllium successful the UK, applied for Universal Credit to assistance her past but the DWP refused arsenic she did not person settled presumption - which tin lone beryllium acquired aft moving oregon exercising different EU close successful the UK for 5 continuous years.

She was past forced to unrecorded with household who besides could not spend to support her. Ramona didn't person the funds to screen the costs of her sanitary products and spiralled into depression, attempting to instrumentality her ain beingness 3 times.

The 46-year-old, who present lives successful Preston, Lancashire, reached retired to societal attraction and nationalist instrumentality experts Osbornes Law to entreaty against the determination - aft they managed to unafraid exceptional lawsuit ineligible assistance funding, since ineligible assistance does not usually screen payment payment appeals to the First Tier Tribunal.

The First Tier Tribunal ruled successful Ramona’s favour arsenic they said her lawsuit was truthful superior that her cardinal rights to quality dignity and prohibition from inhuman oregon degrading attraction had been violated.

Ramona said: “Living similar that was humiliating and degrading. Instead of being a assistance to my household similar I had my full life, I was a burden. There were immoderate days erstwhile I went bare and times erstwhile I had nary prime but to devour retired of day food, similar mouldy bread. I retrieve wearing the aforesaid t-shirt for 3 months, due to the fact that we had to prioritise the small wealth we had for heating, airy and food.

“I needed underwear and idiosyncratic hygiene items, particularly due to the fact that of my incontinence, but I could not spend to bargain them. It was truthful hard to past and manage. I was ashamed. I suffered from terrible slump and tried to instrumentality my beingness 3 times.”

The Tribunal criticised the DWP for failing to measure Ramona’s idiosyncratic circumstances and to see her close to quality dignity nether the EU Charter. The Tribunal decided that she should person been granted UC erstwhile she applied backmost successful 2020, and awarded her £34, 405.70 successful backdated payments.

Ramona added: “I americium truthful relieved astatine this outcome. After each entreaty was rejected, I would outcry and the aboriginal seemed dark. Light has yet returned to my life. To each who are successful the mediate of this fight, delight bash not springiness up. We are humans, we should beryllium trying to assistance each other, not wounded each other. I americium thankful I americium being seen arsenic a quality again.”

Sam O’Flaherty, a solicitor from Osbornes Law who represented Ramona, said: “The brutal deed and tally not lone near Ramona incapable to walk, it besides stole her dignity and her quality to fend for herself. Despite this the DWP refused to assistance her, adjacent though the instrumentality required her cardinal rights to beryllium decently considered. I americium grateful that the Tribunal ruled successful Ramona’s favour and present anticipation she tin commencement to rebuild her life.”

A DWP spokesperson said: “We enactment millions of radical each twelvemonth and our precedence is that they person a supportive work and get the benefits they are entitled to arsenic swiftly arsenic possible.

“We are learning from appeals and moving to amended our processes and determination making.”