# Appeal Disability Benefit decision for Chronic Fatigue Syndrome



## silversurfer (21 Aug 2006)

Hi, 
would someone would know the best way to Appeal a Disability Benefit decision for Chronic Fatigue Syndrome.

My wife has has Chronic Fatigue for 6 years now and has been on disability. Recently she was asked to go to a medical assessment.

So she went there and recieved a letter a week later saying that she was no longer entilted to disability as " this decision is that the Medical Assessor of the department ... considers that, having regard to your medical condition, you are fit for your usual work "
This to a person that from day to day can be so exhausted that she can do nothing around the house and needs to sleep during the day most days, going to Town or even Cork may be fine for the one day but the next day she would be even more exhausted than usual.

We decided to appeal this decision and wrote a letter "as you may explain your appeal in a letter. The important thing is that you set out your case fully" as per the Appeals leaflet on the website.

My wife then recieved a letter for another medical assessment, which I brought her to last week. She had letters from two doctors, one letter which stated that a specialist said she had chronic fatigue sysndrome. We though this was the appeal because of the following from their website:
===
*What happens next?*

When we receive your form or letter of appeal, we will send you an acknowledgement. We must then pass it to the Department for theit comments on the points you make to support your case. The Department may change their decision at this stage because of any new evidence. If they don't change the decision, an Appeals Officer will consider your case.
The Appeals Officer may decide to hold an oral hearing of your appeal, and will invite you to attend. On the other hand, the Appeals Officer may be able to deal with your case on the basis of written evidence you provided. Either way, you will get a letter telling you the outcome of your appeal
===

I was never asked in to the office however and it seemed to be a normal medical assessment???

That was last week, this week we recieved a letter from the Appeals Office.
Which stated
" the papers in your case have now been recieved and include an opinion from a second medical assessor...that you are capable for work.
In the light of the forgoing the Appeals Officer wished to afford you the opportunity at this stage of setting out the complete and up-to-date grounds of your appeal."

So it now looks like we have to re-appeal???
They have gone outside their stated process too.
My wife is none to thrilled at the prospect of facing more of these medical assessment etc... she was worried sick over the last one.


So is there anyway to get this sorted out?

The chronic fatigue is pretty much as bad as it ever was, so why do they now want to take her off disability?

It looks like we have to write another letter or just send the exact same letter as the last time, with the doctors letters this time, and hope for the best??

Any help in letting us know what information they will be looking for would be great and how to get her back on the disability??


Thanks,
S


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## ClubMan (22 Aug 2006)

For what it's worth I know somebody who was suffering from _CFS _for a decade or more but who was finally diagnosed with _Lyme Disease_ and is responding well to treatment for that disease after many other attempts were made to deal with the _CFS_. Anyway this individual is active in groups highlighting the issue of _CFS _and related illnesses. If you want to _PM _me (you don't need to send any personal details) do so and I will see if they are willing to make contact with you in case they can be of any assistance on this or any other issues related to the condition. I can't guarantee anything but no harm in trying.


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## Grizzly (23 Aug 2006)

Effectively your wife was assessed at the first medical interview and was deemed fit for work. Because you appealed the first medical assessors decision, a second assessor had to make a seperate assessment, who also decided that your wife was fit for work. It now moves to the appeals officer that operates independently from social welfare for one last assessment. I would suggest, hard hitting, up to date reports from her medical advisors because these are the people who have been treating your wife and who have been signing her certificates for the past 6 years. How a medical assessor in the Dept.of Social Welfare can diagnose a persons illness based on a 5 minute interview beats me!


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## silversurfer (16 Sep 2006)

We have written the letter to the appeals office and after two weeks have still not heard anythiing.
The letter basically stated the exact same things as the first one.
Strangely enough we heard about the second medical assessment within a day or two of writing the first letter.
Hopefully will hear something soon


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## Grizzly (18 Sep 2006)

You should have a reference number. Give them a ring.


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