Appealing Medical Assessor

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hoopman

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Hi, my wife recently attended a department medical assessor with regards to her disability benfit. She has been on DB for past 15 years and for the past 10 years or so has only had to send in a cert from her GP every six months, then out of the blue an appointment came for her to attend the medical assessor a couple of weeks ago.
Today she got a letter saying her claim for benefit will be discontinued on the grounds that she is not incapable of work.
Her arthritis has got progressivly worse over the years, to the point that there are days she cannot even hold a cup without droping it or drive etc.
She has been told that can appeal in writing.
Can anyone advise us on what she should write in the letter and also should she get a letter from her GP, who for past number of years has told her he can't understand why they even request the 6 monthly cert as in his opinion she should be on it permanetly
Cheers
 
This information from the SW website may help you. You are free to send additional information from your GP in support of the appeal.

How do I appeal?

If you are unhappy with a Deciding Officer's decision, you should appeal within 21 days of receiving it. In certain cases you may appeal outside of this period.
You can appeal by completing a form which you can get from your local Social Welfare Office, or you may explain your appeal in a letter. The important thing is that you set out your case fully.
The local Social Welfare Office will be happy to pass the form or letter on to the Chief Appeals Officer for you or you may send it direct to:
Chief Appeals Officer
Social Welfare Appeals Office
D'Olier House
D'Olier Street
Dublin 2
In your appeal you should give:
  • your name
  • your address
  • your Personal Public Service Number (PPS No.) (same as RSI number)
  • the type of payment you wish to claim
  • the decision you are appealing against, and
  • the reasons why you believe the decision is wrong.
 
Is your wife attending a clinic with a specialist consultant? If so, a letter from him/her would probably carry more weight than something from your GP. Get onto it straight away though. I know from experience that letters from consultants can take ages.
 
Thanks for the info.
Letter of appeal has gone in the post, basicly outlining the history of my wifes illness and also letter from GP.

Receptionist at GPs told her today that there seems to be a blitz on at the moment assessing people on illness benifit and loads of people being declared fit to work.

It stands to reaon that there probally are a number of these people who are capable of work, but my wife is deffo not one of them.

Hopefully she gets a fair medical assessor for her appeal.
Cheers
 
Hoopman

Did your wife ever apply for Invalidity Pension as her illness has lasted more than 15 years http://www.welfare.ie/publications/sw44.html .

The next step in the appeals process (a very lengthy process) will be for your wife to go for a second medical examination (by a different doctor) and if he/she decides she is still not incapable of work (that is, capable of work) then the real appeal starts.

Send in as much medical information from G.P., consultants etc. Even when an appeal is ongoing she should continue to send in supporting medical evidence. She should ask for an oral hearing so she may state her case in person.

Has she been told that while an Illness Benefit appeal is pending that she may be able to sign on for Jobseeker's Benefit without having to satisfy the qualifying genuinely seeking work condition ?

http://www.welfare.ie/foi/jb_jobseekben.html

'(a) UB Payable Pending Illness Benefit (IB) Appeal

When a person has been disallowed IB because s/he has been found "capable of work" following an examination by the Medical Assessor, it may be accepted that s/he fulfils the condition of being capable of work - not withstanding any statement by the person that s/he does not consider him/herself to be capable of work. This is so even if the decision of the Medical Assessor is under appeal. JB may be paid pending the result of the appeal. Questions as to whether s/he satisfies the conditions as to availability for and genuinely seeking work are left in abeyance in the interim.
In such cases the Deciding Officer should:
  • check that the person is not still in receipt of wages from the last employer (this may occur for example in permanent/pensionable jobs, or where the incapacity was due to an occupational injury)
  • notify Illness Benefits Section that JB is in payment and confirm that the person has lodged an appeal
  • advise the person that payment is authorised pending result of appeal only
  • keep the claim under continuous review to ascertain the result of appeal. When the outcome of the appeal is known, the DO should, if the appeal has been successful, notify the relevant section (Benefits) of the amount of JB that has been paid during the overlapping period so that it will be treated as paid on account of the IB . If the appeal has not been successful, payment of JB may continue subject to the person satisfying the conditions of entitlement.
The practice of paying JB while IB is under appeal is that the person has been declared to be 'not incapable' by another section of the Department and, while appealing this decision (on grounds of being incapable of working) it would be unreasonable to expect her/him to produce evidence to the effect that s/he is actively engaging in seeking full-time work.'


Hope this helps
 
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