Disabled Woman Wins £34,000 Benefits Case
Contact
Samuel O’Flaherty
Table of Contents
The Background to the Case
In 2019 Ramona Cerbu was crossing the road when she was hit by a car and suffered horrific debilitating injuries. She had to have countless surgeries for her knee, ribs, stomach and pelvis. The injuries have left her with severe mobility difficulties and incontinence, meaning that she was no longer able to work. She is bed bound most of her day.
Not having anywhere else to go, she stayed with her sister but this put a strain on her family. She had no one else who could support her. There were times they had to go without food, gas and electricity and they fell behind on rent payments.
Ramona commented:
“There were some days when I went hungry and times when I had no choice but to eat out of date food, like mouldy bread. I remember wearing the same t-shirt for around 3 months, because we had to prioritise the little money we had for heating, lights and food. I needed underwear and personal hygiene items, especially because of my incontinence, but I could not afford to buy them. It was humiliating and degrading. It was so difficult to survive and manage. I was ashamed for being a burden on my family. I suffered from really bad depression and tried to take my life three times.”
Ramona got help to apply for Universal Credit (‘UC’) in 2020 so that she could have money to live on, but her application was refused. The DWP told her that she did not have a right to apply for UC because she did not have a right to reside in the UK.
Before the accident Ramona had worked and looked after her sister’s children since arriving in the UK in 2018. She had pre-settled status as a EU citizen when she applied for UC.
Ramona’s friend helped her to ask for a ‘mandatory reconsideration’ of the DWP’s decision but in March 2021 the DWP insisted that their decision had been correct.
Citizens Advice helped Ramona to send an appeal of this decision to the Tribunal.
Sam O’Flaherty of Osbornes Law was then instructed by Ramona to represent her in the appeal to the Tribunal. He was able to do so by applying to the Legal Aid Agency for Exceptional Case Funding, as legal aid would not normally be available for this.
The Appeal to the Tribunal
Sam worked with barristers Matthew Ahluwalia and Desmond Rutledge of Garden Court Chambers to prepare the appeal and represent Ramona at the Tribunal.
The legal arguments were complex. The UC Regulations say that you cannot claim UC if you only have ‘pre-settled status’ in the UK. However, as a EU citizen who is lawfully in the UK Ramona still has EU rights under article 10 of the UK’s Withdrawal Agreement after Brexit. Because of this, the ‘Charter of Fundamental Rights of the European Union’ applied to her.
The Court of Justice of the EU previously decided in the case of CG v. Department for Communities in Northern Ireland (Case C-709/20) hat the DWP must take this in to account when deciding an application for UC from a EU citizen that has pre-settled status and is lawfully residing in the UK. This was re-affirmed by the UK’s Upper Tribunal and Court of Appeal in the case of SSWP v AT [2023] EWCA Civ 1307. The case law says that the DWP has to assess whether refusing to give UC to a person with pre-settled status would infringe on their right to human dignity under the EU Charter. If the DWP can predict that the person is at risk of having to exercise their right to live in the UK in an undignified manner without the support of UC then the state has to step in and grant them UC to prevent this from happening.
Ramona’s legal team argued that this case law applied to Ramona’s situation and that her dire circumstances meant that she should qualify for UC because her fundamental right to human dignity under the UK’s Withdrawal Agreement was otherwise being violated.
The Outcome
The Tribunal agreed with Ramona’s case. The Judge found Ramona to be credible and that her evidence was true.
Ramona had been left destitute as a result of the DWP’s refusal to give her UC, without access to any other protections, support or payments.
The Tribunal criticised the DWP for failing to assess Ramona’s individual circumstances and to consider her right to human dignity under the EU Charter. The Tribunal pointed out that Ramona’s circumstances were exceptional.
The Tribunal found that the facts were sufficiently serious that Ramona’s EU fundamental rights to human dignity and prohibition from inhuman or degrading treatment had been violated.
Ramona won the case. The Tribunal decided that she should have been granted UC when she applied in 2020.
The DWP told Osbornes that they were thinking of appealing the Tribunal’s decision but they did not go ahead with this.
After years of fighting her battle, the DWP have finally granted UC to Ramona going forwards and paid her a backdated payment of £34,405.70 to cover the whole time that she should have been receiving UC since 2020.
Ramona said:
“I would like others to know not to give up fighting for their rights, because there are lawyers like Sam who put all their heart in to their cases and who will fight alongside you, so you should never give up! Thank you to Osbornes from the bottom of heart and I thank God.”
Ramona’s story has also been covered by the Mirror.
How we can help?
If you have been treated unfairly, you can contact us for specialist advice. To speak with one of our Housing and Social Care Team solicitors, contact us by:
- Filling in our online enquiry form below; or
- Calling us on 020 7485 8811
Share this article
“The housing team at Osbornes is the best in England.”
“The lawyers at Osbornes Law work with passion, putting in all their best.”
Contact us today
Excellent work as usual Team Osbornes Law. Our service users have experienced some of the exceptional outcomes yourselves have achieved as outcomes for their housing and social issues.
Keep up the excellent work.
William Ford is the best housing and public law solicitor of his generation.
Osbornes are a fantastic team who really stand out in the market in the fields of housing and social care.
Their mix of private client work and legal aid means that legally aided clients are (unusually) able to access a professional and top-flight law firm and get treated with real respect
The social housing team at Osbornes is exceptional. The solicitors are highly competent, professional, and committed.
A large, experienced, and capable team with in-depth knowledge covering the entirety of housing and homelessness law
The group has developed expertise in several specialist areas, such as advising EU nationals on their legal status and bringing challenges in asylum age assessment cases.
The team has demonstrable experience in advising clients on issues involving vulnerable clients who have claims against local authorities and housing associations.
‘Osbornes are very approachable; in a time where many firms are unwilling to take on cases that do not look promising, they are prepared to look at difficult situations and find a way to assist their clients.
"Osbornes is one of the firms that I consistently recommend. Excellent service, and thorough and knowledgable lawyers."
‘From the very first moment, I was aware and grateful to have been put in touch with Osbornes. The expertise, advice, leaving no stone unturned right from the first minute until the very last, I would most certainly recommend every single time.’
"The associates have a thorough knowledge of the area of law, communicate effectively and are incredibly easy to work with."
"They are a firm that likes a challenge and are prepared to do the groundwork to develop cases, even if it means much preparation without remuneration."
"It is clear the firm put the interests of the client first at all times."
"There’s a real sense of team ethic. It’s clear that internal communication and case recording are strong because if a solicitor handling a case is away the person covering is fully up to speed, has the necessary documents available to them and nothing falls through the cracks."
"If a short deadline comes up on an urgent case, solicitors are active in collaborating to ensure it can be met."
"The practice is ‘undoubtedly one of the best in the business‘ and has a strong reputation for complex disrepair cases and possession claims against local authorities and housing associations."
"The people I have worked with have been fantastic; they are truly passionate about the work they do and are exceptionally good at building good relationships."
"This is an outstanding firm with great attention to detail. They work tirelessly to achieve the best possible outcome for their clients. They have excellent client care skills and are extremely organised."
Very strong team – incredibly knowledgable with good cross-over knowledge in mental capacity and community care. Thorough, dedicated and very professional. Clients will feel they are getting a gold standard service.
"Osbornes are an exceptional team. They have a wealth of housing experience and knowledge that is ‘top notch’. Clients are safe in their hands. As colleagues, they have a fantastic working relationship with each other and, feeding off of each other’s expert knowledge, their solicitors work to ensure that no stone is unturned."
"The team at Osbornes is inspired by its leader Will Ford, a truly first-rate, modern lawyer’s lawyer. The team have blossomed under his Will and are now packed with conscientious, dedicated and excellent lawyers who always give their clients 100%."
"Alex McMahon – thorough and committed. Very easy to work with."
"William Ford - A good technical lawyer with a strong commitment to his clients"
"A committed and well-organised team with a good knowledge of the law and who work hard to secure a good outcome for their clients"
"Osbornes has an impressive social housing team and the quality of their work that I have seen is very high. Will Ford is a very well-regarded figure in the housing law world and leads a team of high quality and committed lawyers."
"Osbornes provide an incredibly high-quality service to their clients. The firm treats its legal aid clients with the same respect and commitment as if they were important private clients, which is rare and admirable. Their housing solicitors are also highly skilled and knowledgable."
"He goes the extra mile for his clients."
"He is an excellent lawyer with exceptional attention to detail. He leaves no stone unturned in finding the right solution for his clients."
"This is an outstanding firm with great attention to detail. They work tirelessly to achieve the best possible outcome for their clients. They have excellent client care skills and are extremely organised."
“Osbornes has an impressive social housing team and the quality of their work that I have seen is very high. Will Ford is a very well-regarded figure in the housing law world and leads a team of high quality and committed lawyers. The existence of family and property law teams at the firm, amongst others, means that they are able to offer a holistic and expert approach to their clients.”
William Ford is "highly committed to his clients and leaves no stone unturned in seeking to assist them with their problems"
William Ford "is an astute litigator, and his breadth of knowledge allows him to take a holistic approach to clients’ situations."
"They are at the forefront of legal developments in the field of social housing and community care. They are committed to using their multidisciplinary expertise to achieve the best possible outcomes for clients."
"This a great team - the quality of their work is amazing and they are very professional"
"An exceptional outfit. They take on difficult cases, fight hard and win."
"William Ford frequently represents tenants in possession proceedings, homelessness appeals and disrepair claims... and is praised for his dynamic and hard-working approach."
"Osbornes team is noted for cross-practice expertise in areas such as housing and community care, which it brings to bear in disrepair, possession and homelessness cases involving vulnerable adults, individuals with language difficulties, the elderly and those with no recourse to public funds."
"The absolutely brilliant William Ford."
I was very happy with the excellent service from Osbornes in my disrepair case. They obtained a great result in my case and always pushed hard for my rights.
The social housing team is friendly, approachable and genuinely care about its clients.
A broad knowledge places the social housing department one step ahead of others when it comes to community care knowledge.
The social housing department always go the extra mile.
The social housing team has a strong track record in representing tenants in claims against local authorities and housing associations, with particular expertise in complex disrepair and possession cases.
The social housing department provides an excellent service and is able to react quickly in critical situations.
Thanks for all your support during this very difficult time for my family.
William Ford receives effusive praise for his dedication and commitment to social housing. Interviewees highlight his technical understanding and background in housing law, and describe him as highly impressive."
The team understand vulnerable clients and young people, and on the front line they are prompt and efficient.
Edward Taylor undertook my case from an almost unwinnable position. From our first meeting, Edward's enthusiasm was apparent. He was determined, diligent and most professional when dealing with my case, keeping me informed at every stage. I wholeheartedly thank Edward for his endeavours and would not hesitate in recommending him and Osbornes Solicitors to others.
Osbornes Solicitors give us the confidence and strength to continue and input the belief that the case would turn in our favour … What was most important was the transparency in communication that Osbornes provided.
Osbornes Solicitors are the pinnacle of professionalism and have gone beyond to assist with this case … I felt that I wasn't only dealing with just one dedicated solicitor but I had a good knowledgeable team behind me at all times.
I have been extremely impressed with the level of patience and guidance provided in the case … I would like to thank you for your sympathetic approach and understanding towards my mother’s case and I would strongly recommend Osbornes Solicitors to anybody.
'First-class lawyer' William Ford is 'completely dedicated to making a positive difference', and is acting in cases challenging the 'bedroom tax'.
Osbornes is commended for its 'rare level of commitment'.
William acts on possession, disrepair and homelessness cases, and has particular expertise in the protection of tenancy deposits under the Housing Act 2004
Related InsightsVIEW ALL
30.1.2025Osbornes Wins Judicial Review on Legal Aid Fees
Osbornes successful in judicial review of Lord Chancellor over legal aid fees for Welfare Benefits On 28 January 2025 the High Court...
Read more- 13.1.2025
Osbornes Law Secures Mental Health Support for Asylum...
Home office backs down over decision to deny mental health support to suicidal torture victim seeking asylum The Home Office...
Read more - 5.4.2024
DWP Exposed for £32,000 Underpayment of Disability Benefits
Osbornes Law has assisted a vulnerable client to recover underpaid disability benefits totalling over £32,000. Our client, a disabled young man,...
Read more - 28.9.2023
Gatekept homeless teenager accommodated by local housing authority
Miss X, a 17 year old whose details are anonymised to protect her privacy, left her family home in March 2022 following...
Read more - 28.9.2023
Homelessness case successfully settled for elderly disabled lady
Ms X, whose details are anonymised to protect her privacy, had been living in a privately rented one-bedroom flat for...
Read more - 28.9.2023
Disrepair Claim for Single Father
Background to the Claim Osbornes Law represented a private tenant, a single father living with his young son in their...
Read more - 28.9.2023
Client successfully rehoused following refusal by local authority
Background to the case Osbornes Law represented a client who had been found intentionally homeless by his local authority. He...
Read more - 28.9.2023
Client rehoused and £16,000 arrears cleared
Osbornes Law were instructed to assist a client to suspend a warrant for possession. The client had fallen into arrears...
Read more - 26.9.2023
Victory for Homeless Victim
Mr X, whose details are anonymised to protect his privacy, fled his home country due to severe persecution from the...
Read more 
13.9.2023Successful homelessness judicial review case against Redbridge Council
This matter involved a claim in the High Court for judicial review against Redbridge Council for failure to comply with...
Read more
13.7.2023Family Unlawfully Evicted Receives Damages of £22,000
Case Summary: Unlawful Eviction Claim Against Private Landlord This matter involved an unlawful eviction claim brought by our clients against...
Read more
21.4.2023Success in Court of Appeal in child disability...
The Court of Appeal has today handed judgment in the case of Harrington v Secretary of State for Work and...
Read more- 20.1.2023
High Court finds Westminster Council’s Housing Scheme...
Westminster City Council’s housing allocation scheme found to be unlawful The High Court has today handed down judgment finding...
Read more 
14.11.2022Housing allocation case questions lawfulness of council’s...
Until February 2022, the social housing allocation scheme for the London Borough of Newham allowed people who lived outside the borough...
Read more
10.6.2022Housing Disrepair Claim for Leaking Pipe
Our solicitors at Osbornes Law successfully assisted a client in resolving a severe disrepair claim involving water leaks, damp, and...
Read more- 12.4.2022
Vulnerable child wrongly assessed to be an adult
Upper Tribunal finds a vulnerable child to be 17 years old despite two flawed local authority age assessments which led to...
Read more - 15.8.2021
Housing Disrepair Due To Persistent Dampness
Serious disrepair issues Our solicitors at Osbornes Law have successfully settled a disrepair claim on behalf of a local authority...
Read more 
22.12.2020Housing Disrepair Claim for Disabled Tenant
Background to the Case Osbornes Law were instructed by a disabled tenant who had been decanted from her temporary accommodation...
Read more
15.9.2020Housing Disrepair Against Local Authority
Successful Claim of Disrepair Against Local Authority Osbornes Law, has successfully settled a significant housing disrepair claim on behalf of...
Read more- 15.10.2019
Housing Disrepair Claim in Notting Hill
Successful settlement of Housing Disrepair Claim William Ford, a partner in Osbornes Law’s Housing and Social Care Department, has...
Read more - 20.6.2019
Housing Disrepair Claim for Vulnerable Family
Our solicitors at Osbornes Law successfully assisted a client in resolving a challenging housing disrepair claim involving severe damp, leaks,...
Read more - 5.10.2018
Housing Disrepair Claim for Structural Damage
Our solicitors successfully represented a client in a disrepair claim against a landlord involving structural damage and severe damp in...
Read more
