# Disability benefit stopped-appeal question.



## Grizzly (7 Jul 2006)

A colleague of mine has been claiming disability benefit for a number of years. Recently he was called to attend at a medical assessors examination who found him capable of work and as a result his disability benefit was stopped. He has decided to appeal this decision because he is not capable of work, a view shared by his doctor. Apparently the appeals decision can take up to four weeks during which time he is without payment. If he wins his appeal can he retrospectively claim back the "unpaid" weeks.  I have trawled through the various sites on his behalf and whereas evey other question seems to be answered this one is not.


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## Thrifty (7 Jul 2006)

AFAIA if he wins his appeal then yes he should get a backdate to when the benefit was stopped. If he is without any income at the moment then he should visit his community welfare officer and get Supplementary Welfare Allowance while his appeal is going through. Any payments made will then be deducted if/when he wins his appeal. I would also suggest he visits the CIC - they may be able to advise him on his appeal and what to expect if he has an examination/ hearing etc. they may also if on a specific point be able to find cases/ decisions to assist. Previous decisions are not binding but can help when presenting an argument. 

I would also suggest he visit the Dept of Social and Family affairs website. i think they have records of some decisions cases etc. Worth a look anyway.


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## CMCR (7 Jul 2006)

Thrifty said:
			
		

> ...suggest he visit the Dept of Social and Family affairs website. i think they have records of some decisions cases etc. Worth a look anyway.


 
I think you mean the website of the Social Welfare Appeals Office - they are separate from DSFA.  Their site does however contain caselaw and information on how to pursue an appeal


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## Thrifty (7 Jul 2006)

Yes CMCR, meant that one. thanks for the correction.


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## Murt10 (11 Jul 2006)

If he no longer has a job then he can claim Unemployment Benefit while he is awaiting the result of the appeal


Unemployment Benefit or Assistance Payable Pending Disability Benefit Appeal
Where a person has been disallowed Disability Benefit because s/he has been found "capable of work" (i.e. his/her present state of health would not prevent him/her from resuming or taking up work) following an examination by a Medical Assessor, it may be accepted that s/he fulfils the condition of being capable of work - notwithstanding 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. The person is entitled to apply for Unemployment Benefit or Assistance if s/he is not resuming employment even if s/he is appealing against disallowance of Disability Benefit. While the appeal is ongoing s/he should continue to send in medical certificates of incapacity for as long as his/her doctor considers him/her incapable of work through illness.

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


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## Swallows (11 Jul 2006)

But surely that would be disasterous for him, as he would then be admitting that he is after all, fit for work, with no disability? yes ? No ?


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## Murt10 (11 Jul 2006)

Swallows said:
			
		

> But surely that would be disasterous for him, as he would then be admitting that he is after all, fit for work, with no disability? yes ? No ?




No, it's the fairest way of doing things. The Department is saying that he is fit for work. He is saying that he is not. The Department agrees to pay him UB while his appeal is being processed.

He will not be required to look for work while he is on appeal. By the same token he cannot take up another job.

If his appeal is allowed, the amount of Unemployment Benefit paid will be offset against the amount of Disability Benefit due.


Murt


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## justsally (11 Jul 2006)

sorry this post crossed with Murt's so I have cancelled my response.


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## Swallows (11 Jul 2006)

But I thought that to be entitled to claim unemployment benefit/assistance, you had to be available for, and *actively* seeking work.He would not be actively seeking work if he is in the process of an appeal and is not required to take up a job, so one contradicts the other.


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## Grizzly (12 Jul 2006)

This is the crux of the matter. His doctor has certified that he is unfit for work. Yet to get unemployment benefit he has to state that he is available for work. He appears to be in a sort of limbo situation. Is it written down somewhere that if he wins his appeal his benefit will be backdated to the time it stopped?


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## Berni (12 Jul 2006)

He won't be stating that he is fit for work.  It is standard proceedure to go on UA/UB while the appeal is being sorted, and continue to send in certs from your own doctor in the meantime.  It is done to avoid the situation you describe where he will be left with no money while the appeal is processed.  
Have your friend present himself at his local office with the letter denying his disability benefit claim, and they will sort him out.  He can ask to speak to the Information Officer if he is still concerned.


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