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A proud and humble rail worker was finally awarded disability ­benefits when his widow took his ASHES to an appeal hearing.

Ann Dale and her children placed the urn in front of stunned officials, saying: “We promised him his day in court.”

Her husband Albert, 64, had endured a string of debilitating conditions but was twice rejected for benefits by the Department for Work and Pensions.

He died before an appeal could be held. But Ann, 59, was determined to get justice and when a letter came with a court date she seized her opportunity.

She told the Sunday Mirror: “I made him a promise on his deathbed that I would fight his case. I thought when he died that his appeal would die with him.

“The DWP was paying me a widow’s pension so they knew he’d died. But last month I got a letter with a court date.

(Image: John Gladwin/Sunday Mirror)

“I just thought, ‘Right, we’re going to have our day in court’.”

Hospital catering assistant Ann and two of her children – Samantha, 42, and Johnpaul, 40 – sat before a judge, doctor and representative from the DWP.

She went on: “I introduced myself and my daughter. Johnpaul told them who he was and said ‘let me give Dad a seat’.”

He then took the urn containing Albert’s ashes from a bag and placed it on the table.

Ann said: “I could tell they were uncomfortable. To be fair, they didn’t make the original decision, but they got the brunt of it.

“I felt a bit sorry for them, the guy from the DWP looked horrified, but it was his department that made the decision.”

(Image: John Gladwin/Sunday Mirror)

The panel upheld the appeal for Personal Independence Payments, awarding Albert the higher weekly rate for both daily living (£87.65) and mobility (£61.20). The cash will be backdated from April last year until November 19 when he died.

But the whole sorry saga came after months of pain and humiliation for Albert, who had to quit his job of 41 years.

He had chronic obstructive pulmonary disease affecting his lungs, type 2 diabetes, a heart condition and carpal tunnel syndrome, causing pain in his hands. Albert died from a cardiac arrest at home in Moston, Gtr Manchester, last November.

His hearing at Manchester Justice Centre last Tuesday heard he struggled to walk without getting out of breath and was once stranded in a bath for four hours.

Albert, a father of four and grandad of 15, finished work as a locomotive cleaner in December 2017.

(Image: John Gladwin/Sunday Mirror)

But after one meeting officials ruled that “at no point was he breathless” and “he could stand up without help”.

Ann was furious. She said: “He was so upset. He kept saying ‘they’re calling me a liar’. He paid in all his life and he’d never claimed a penny. And when he did claim, he received nothing. He was a good, hardworking, honest man and he couldn’t believe the way he was treated.

“When he finished it broke him. If he could have worked he would have.

“But he looked like a 90-year-old man when he walked – doddery, like he was drunk. It was soul-destroying.”

Figures show a record 60,000 people won appeals against the DWP’s disability benefit tests in 2018 – some 72% of all tribunals. The cost to the taxpayer for these hearings was £26.5million.

(Image: John Gladwin/Sunday Mirror)

Ann demanded changes to the assessment system, adding: “They’ve created this atmosphere saying people are scrounging, but that’s not true. They are targeting the most needy, it’s cruel.”

She also told of mixed emotions as daughter Joanne, 37, walked down the aisle last weekend. Ann said: “Joanne wanted to cancel, but her dad wouldn’t have wanted that.”

It is understood the DWP wrote to Ann to apologise.

A spokesperson said: “Our thoughts are with Mr Dale’s family and we are sorry for the distress caused.”