# Disability appeal



## dj_spider (14 Dec 2007)

Right stick with me on this one, it's a little complicated! I applied for Illness benefit but as I came here from the UK and only work for a few months I don't have enough contributions. I discussed this with my GP and he said my back pain would last for the rest of my life and probably not get any better, in fact, worse.

I applied for Disability benefit, and I went for a medical examination in April and was told I was not eligible as my disability was not or is not expected
to last more than 12 months. This was correct at the time of my
examination, but since then I have asked my GP if it is going to last more
than 12 months. He agreed and I appealed.

I have since visited the Cappagh hospital and been diagnosed with Myofacial Pain syndrome. I gave the report from Cappagh and the referral to Physiotherapy to the appeal board. They again refused my claim on the
grounds of me not meeting the medical grounds. I visited the relieving
officer and she proceeded to fill out a social welfare benefit form to pay me on the strength of me appealing again.

I got a letter from the appeal board saying I can send a full and detailed account of my disability to be considered. This I have done and I am now awaiting a response from them.

I was wondering how long I can expect to wait for a descision as it has now been over a year. Also how many times can you appeal ? I've done it 3 times now. If I am refused how long can I claim social welfare for ? It feels like a catch 22 situation, I am not fit enough to work, but not sick enough for benefits.

If I am denied a 3rd time, shall I reapply for Illness benefit? I was told in September I still didn't have enough contributions for it. Or shall I reapply for Disability benefit ? I'm confused!

I have since been back to Cappagh and seen a different specialist and she said I had got soft. Well excuse me missus, I am a 41, (nearly 42) year old bloke, who is fairly fit and healthy, a little overwieght, (5ft 10ins, 13st 7lbs) who was in the British Army for 12 years. She said it's like a woman giving birth, if they were taught to harden up, they wouldn't have so much pain! OK, um, sure I'm pregnant! LOL

I have now heard that they want to do an oral hearing, but as they have many appeals, it wont be for a while. Also I went back to my GP and he had a letter from the specialist saying I won't get disabilty as I can do office work. Well I had an office job last year and had to give it up as I was in so much pain.

So what now? If I am too ill to work, but not fit enough to claim dole, can I just carry on getting social welfare? The card the relieving officer gave me expires in July next year.

In the UK if you can't get sickness benifit and not eligialble for dole, you get income support, but Ireland doesn't seem to have this system. How do others cope?


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## gipimann (14 Dec 2007)

Just a few points to clarify your message and answer a few questions.

Illness benefit (formerly known as Disability benefit) is based on PRSI contributions - if you haven't paid enough contributions, you aren't entitled.

You appear to have applied for Disability Allowance, which is a long-term means-tested payment for persons with an ongoing disability or illness (over 12 months as you said).

The Community Welfare Officer (they haven't been "relieving officers" since the days of the Poor Law!) is paying you Supplementary Welfare Allowance, which is the Irish equivalent of income support in the UK.   It can continue as long as you meet the requirements - if you are unable to work (therefore unable to apply for Jobseeker's payments), do not qualify for another social welfare payment and have no other income.


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## dj_spider (14 Dec 2007)

Thanks for the info gipimann, the CWO said she would pay me SWA for as long as my appeal is going through. So I would presume that if I get turned down again, I will still get it? 

As you say I am unable to work, might/might not be entitled to Disabilty allowance, can't claim Illness Benefit as don't have enough contributions. Am I right or is it down to her?


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## gipimann (14 Dec 2007)

Yes, dj, if you have no other income and no access to any other social welfare payment you will continue to be entitled to SWA.


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## dj_spider (14 Dec 2007)

Thought that was right. But if any of the docs say I can work, is it up to me to prove I can't or is thier word taken as law? Sorry for so many questions, still trying to get used to being sick, and Ireland's welfare system!


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## gipimann (14 Dec 2007)

If a doctor declares you fit for some type of work, then the CWO will ask you to sign on for Jobseeker's Allowance and declare yourself available for work.   The CWO has to take the written report of the medical expert as fact.

If you know you're not able to work at all due to your illness, then your debate on the matter will be with the medical experts if they have stated otherwise.


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## Black Sheep (15 Dec 2007)

Just a thought but do you have Social Security in the UK in the relevant tax year which help to you qualify for Disability *Benefit* here.


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## dj_spider (16 Dec 2007)

Not as far as I know, I applied for Illness benefit and they got my tax fredits from the UK. I was unemployed before I came here, so only got credits. Still not enough according to the benefits people. But I wonder if now I've been getting certs for over a year would I have enough to claim? Might be worth a go if I get turned down again?!


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## Welfarite (18 Dec 2007)

dj_spider said:


> But I wonder if now I've been getting certs for over a year would I have enough to claim? Might be worth a go if I get turned down again?!


 

You say in your OP that you did not have enough contributions. as sending in certs only entiutles you to credits, you will still not have enough paid contributiosn.

The only possibility is that if you did not have enough contributions/credits in the relevant benefit year when you made your claim (2005 is the benefit year for a claim in 2007) rqather than enoguh paid in general. As this will change in January to 2006 benefit year, you should check the exact reason for refusal of Illness Benefit (i.e was it the governbing year or the total paid contributions?)


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## Black Sheep (20 Dec 2007)

You say when you applied for Illness Benefit they checked your *tax *credits with UK.  It's your PRSI contributions and credits (UK Social Security)that need to be checked.  Is there some confusion here or was that just a slip of the tongue/pen.  

I suggest you double check the qualifying conditions even though you were unemployed before coming here. Remember the relevant year for claiming benefit in 2007 is 2005. Were you employed in 2005 even for part of that year

I have come across many cases with Soc Welfare of confusion around qualifying conditions. 

As Welfarite states check again in 2008 as the relevant year is 2006


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## dj_spider (21 Dec 2007)

I worked here in 2006 but only for 3 months. I was unemployed in the UK for 2yrs previous. I came here in April 2006, started work in july, then finished in oct. I got a backdated payment from the dole office, as I was denied it at first but then appealed. 

Would the backdated money include credits? I.E. if I got 6 months money, would I have 6 months credits?


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## Welfarite (21 Dec 2007)

whether you wer entitled to credits or not will depend on whether the claim was before or after you worked here. If the "backdated" calim you refer to was from Oct, then you would be entitled to credits. was the work in July your first emplyement in this country. TBH, it would be best top contatc your local SW office who will be able to check your record on computer and tell you exactly how you are fixed.


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## dj_spider (22 Dec 2007)

I shall do some calling in the New Year and find out what the story is. Thanks for all your help people and have a very Merry Xmas & a Happy New Year.

DJ Spider


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