# Invalidity Pension but no arrears from 4years on certs



## foggy_lad (14 Jun 2008)

hi this is my 1st post here so if anyone has advice on my topic or post please feel free to let me know.

well i was on certs from late 2003 with only one assessment in 2007 which i went for but heard nothing more from the social welfare, 
I got some advice in december to ask in the social welfare office about the length of time i was on certs, 
when i did this they immediately got me to apply for invalidity pension* and sent me for assessment which was a farce(all the documents were stamped URGENT, no proper examination doctor was an hour late etc) they refused me anything at this point but it was allowed on appeal. 

*(i would have applied for the pension myself in late 2004 but i thought that only my doctor or the social welfare could transfer you onto this payment after they sent you for medical assessments)

so now i have been awarded invalidity pension from the date of application in mid december but wondered why this is not backdated to when i would have been eligible in late 2004? 

they say it is because they cant grant it retrospectively but the guidelines state you must be on certs for a year AND certified unfit for a further year to be eligible for invalidity so after i was on certs for a year from november 2003 does my own doctors certification for a further 3 1/2 years not count? 

also why did it take so long for the department to send me for assessment and why am i now being penalised for their lax attitude?

also how would i find out about having the household benefits and fuel and living alone allowance backdated to late 2004 when i really should have been assessed by the social welfare and transferred to a long term payment like invalidity or disability pension?

any advice will be greatly appreciated as i am considering seeking legal advice regarding this now such is the poor attitude of the social welfare departments


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## Welfarite (16 Jun 2008)

This post is confusing:

You were "on certs" from late 2003. Why were you not paid Illness Benefit? 
Was your Invalidity Pension paid from the date you applied for it?
Why do you mention the assessment "farce" in this query? 
Did you apply for backdating of Invalidity Pension (Remember it is up to you to do so, not SW)?
Where is the "eligible in late 2004" thing coming from? How would you have been eligible then?
Was your certified illness the same when you were awarded Invalidity Pension as when you were claiming Illness Benefit?
Granting the pension restrospectively is a different thing to being certifed unfit for Illness Benefit purposes as they are two differnt schemes. However, if you did claim in writing for retrospective Invalidity Pension, you should mention that you have already been certified as unfit for Illness Benefit purposes. And see here regarding "late claims"


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## foggy_lad (17 Jun 2008)

thank you for the reply and apologies to all for my "farce" rant

my point is that after approx one year on certs i should have been assessed and either found to be fit or moved onto a long term payment but this did not happen, it would appear i was overlooked by the department?

the invalidity pension is being paid from the date the social welfare instructed me to apply for it

probably wrong to bring up any assessment "farce" here!

i applied and was told on the phone that i was not entitled to any arrears, got no written response to this.

eligible from 2004 as after 12months on certs i would have been eligible if certified for a further 12months by departments medical assessors but they failed to assess me but and as my own doctor has certified me since then up to last month i should surely be considered eligible??

illness has been the same since 2003

i have claimed for retrospective invalidity pension but as said already the pension office told me i am definitely NOT entitled to any arrears from before when i applied in december and i have mentioned that i was in receipt of illness benefit payments.

i understand they are two different schemes but i feel that as i should have been assessed for and considered for invalidity or disability allowance around the end of 2004 as illness benefit is only to be considered a short-term payment the department have delayed my claim unnecessarily causing me to lose at least 3 years of ancilliary benefits and the associated purchasing power from those benefits.


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## Welfarite (18 Jun 2008)

You seem to be under the impression that it was up to the Dept. to put you mon Invalidity pension. You also seem to be under the impression that the department was obliged to carry out a medical assessment on you. This is not the case.

It is up to the individual to APPLY for Invalidity Pension themselves after they have been on Illness Benefit for 12 months. 

And the department MAY call you for a medical assessment in this time, but obviously didn't in your case.

As in all SW schemes, it is up to the person themselves to inform themselves of their entitlements. SW will not entertain any back dating of claims on the basis that the claimant did not know they were entitled to claim it.


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## foggy_lad (19 Jun 2008)

well as far as i knew from my doctor who was telling me i was too young to go on disability/invalidity pension and someone in carlow local office who told me they would call me for assessment in early 2005 then i would possibly be put on invalidity pension.

i was told to wait for this and it would happpen in time but obviously i was overlooked! 

any idea how many people are left on short-term payments for several years?

do the department guidelines not consider 4.5 years long-term for a short-term payment?

is illmess benefit not a short-term payment?

was i not entitled to have my case treated efficiently and have a proper assessment when it was due?

you go on illness benefit which is designed to be short-term and you should be assessed or "marked" for assessment after 6-9 months not a few years later! how can anyone defend this situation by saying it is the fault of the claimant?


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## Welfarite (19 Jun 2008)

There is no point in asking me these questions. I don't know the ins and outs of your particular case. Why not go the person in carlow local office and ask them what happened?


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