# Illness Benefit (IB) expiring Nov '11 applied for Invalidity Pension (IP) March '11



## desperatedan (12 Aug 2011)

Hi there.

My wife has been on IB since Nov 2009. 

She has received a letter from DSP informing her that her that the Benefit expires Nov 2011. She/we were not aware that this Benefit had an expiry date, as long as she was medically certified, but the rules changed in Jan 2009, so we were wrong.

In the meantime, last March she applied for the Invalidity Pension, and her application has not moved forward at all since that date. 

She rang the IB section, in Longford, to enquire regarding her IP claim, and was told that it would not be dealt with any time soon, as there was a huge back-log.

Is this delay normal, like it's now 5 months since they sent an SMS confirming her Application was being processed?

She is unable to return to work, as her condition will not allow it.

She worked and paid PRSI for almost 40 years, and has a full record, up until her illness meant she could no longer work.

In the explanatory leaflet which came with the letter, the options for her are spelled out, to apply for Invalidity Pension, which she did 5 months ago, or claim a Disability Allowance, which is means tested.

Can she continue to send in Medical Certs after the expiry date, to keep her SW record straight?

I know the DA is means tested, and our only income will be my Occupational Pension, which is approx €490p/wk. (_I had to retire early due to illness myself, but do not qualify for any SW benefits, due to the nature of my employment, and PRSI Class._)

I am confused as to how this would work out from a Means Test point of view, perhaps someone could explain simply how this works?  We have no property or farm, except the Family Home, no substantial savings, and sole income would be my OP.

My wife's doctor will not certify her as able to work, so JB does not arise here.

We are both in our mid-50's, I have had Cancer, now recovering, and OH suffers form Type 1 Diabetic Condition, with Hypoglycaemia, and other conditions.

I would appreciate any advice.

TIA


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## gimp (12 Aug 2011)

Hi DD

Maybe I can help a little by giving you some sort of timeline as I was /am in a similar situation.

I have been on IB since April 2009
Applied for IP in Jan 2010 as my condition is incuarable and long term, this was turned down in March 2010.I appealed this decision

This appeal was also turned down in May 2010 

I then appealed to the SW Appeals Office in May 2010 and was granted an oral Hearing. 

I also was informed in April 2011 that IB payments would cease
I continued to send in MC2 Forms in this time after the payments ceased

This oral hearing has just been heard in August 2011 and have been advised a 2-4 week wait for a decision
So a wait of Approx 14 Months from date of appeal to SWAO to date of hearing
"I think" if you have already applied for IP you must now let that process continue, you can apply to your local SW Officer for an interim payment but i think this is means tested, i did not apply for this. 
I hope this helps in some way re timeframe. I think a lot of patience is needed
I think they have huge backlogs in all these cases and ringing gets you nowhere

I did ring to make sure they had all my files as first time they claimed they had not received them, i then insisted on an email address so i could send both email with pdf attachments and hard copies
I think its a good idea to check they have all your files so they cant turn around after you have waited 3 months and say they did not receive something. Just checked your post and you say you got an sms saying it was dealt with so you are probably covered there

Hope this helps somewhat


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## gipimann (12 Aug 2011)

The reason that there's a backlog in Invalidity Pension section is because they are trying to fast-track applications for persons whose Illness Benefit payments are close to expiring.   Your wife may find that her application will "move up the list" as November gets closer.

In simple terms, the means test will assess the household income (your pension) by comparing it with the appropriate rate of payment of DA .  The current rate of payment for a couple on DA is €312.80.  As your pension exceeds this, there may not be an entitlement.


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## desperatedan (13 Aug 2011)

Thanks gimp and gipiman.

I don't expect that my wife/we will meet the means test requirement, taking my Occupational Pension into account, so we are relying on the IP being granted.

As the delay may actually bring her beyond the expiry date for IB, I presume that she can continue to submit medical certs? 

I think the letter says this, but I don't have it at the moment. 

I ask as it would be important to have her SW record continue, she had a full 40-years of contributions, including the past two years credits due to her illness. We would be fearful regarding her future eligibility for the Contributory OAP, regardless as to what happens with the IP.

She is presently submitting Monthly Certs, would this be sufficient in the event of the expiry date being passed, without a decision or in the event of an Appeal? Would these entitle her to credits, and would these be sufficient to retain entitlement to the Contributory OAP?


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## desperatedan (26 Aug 2011)

Hi, just an update on this.

My wife has today received a Medical Report form from Soc. Protection.

This has to be brought to her GP for completion, and returned within 21 days.

Can I just ask a couple of questions in relation to this?

She has requested new reports from her Consultants/Specialists, but these are not to hand yet. She is going to see two of these in Dublin in the next week, and her other local Diabetic/Endocrinologist Consultant will provide a report next week. 

We requested these ourselves, to speed things up.

However, we may not have these reports immediately, as there probably will be a delay in processing, but we have requested them as urgent.

It appears that the form received today has to be given to the GP to be completed, and the GP should return it, within the 21 days.

Is it advisable to submit these reports along with the GP form, and to ask our GP to do this, which means waiting until they issue. 

Or would it be best to have the GP submit the form, stating that outstanding reports are still pending?

Is there flexibility on the 21-day period, which should be notified to the Department? 

If so, how does one do this, in writing?

Thanks in advance.


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## gipimann (26 Aug 2011)

I would suggest that the GP completes the form as best he/she can, and state that more reports will be submitted when available.   That way, DSP will be aware that you are proceeding with the application.   

There should be a phone number or email contact on the report form, or the accompanying letter - you could use that to double check what should be done with the outstanding medical reports.


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## desperatedan (26 Aug 2011)

Thanks gipimann, will do.

No e-mail contact or actual name on the form, just

Yours Sincerely
Deciding Officer, Invalidity Award Section. 

but there is a phone number!! in the M.R.A. Section

Thanks again.


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## gipimann (27 Aug 2011)

You could phone the general SW number (01 7043000) and ask for Invalidity Pension Claims section - you should be transferred to the appropriate people who are handling your claim.


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## desperatedan (27 Aug 2011)

Sorry gipimann, I should have said.

The phone number given on the form is (01) 6732078   M.R.A. Section.

Address on Form:

Dep. Soc Protection, Oisin House, 212-213 Pearse St. Dublin 2

The Form is Bar-coded on each page with PPS and some other stuff:

MRREP - 12345678H - nnnnnnnn


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## gipimann (27 Aug 2011)

Ah okay - in that case you could give the MRA (Medical Referal and Assessment) section a call - they should be able to link documents submitted later with the form using the reference on the bar code.


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## shootingstar (30 Aug 2011)

gimp said:


> I then appealed to the SW Appeals Office in May 2010 and was granted an oral Hearing.
> 
> This oral hearing has just been heard in August 2011 and have been advised a 2-4 week wait for a decision



Hi Gimp, Im now in the very same position here. I have appealed my refusal in the appeals office. I have written to them looking for an explanation as to why my appeal was refused as i have not been seen by a doctor or had any interview with any panel etc. 

Was it worth all the agro in the end Gimp?


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## desperatedan (1 Oct 2011)

Just an update. 

My wifes claim has been processed and IP granted.

There was no Medical Examination, the information given was sufficient.


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## gimp (1 Oct 2011)

Hi shootingstar

yep in the end did the oral hearing and have been notified after 4 weeks the appeal was granted so worth all the wait. now just have to go through the process of actually getting it all finalized which is taking a bit of time again as they need some more forms filled in but seems to be moving along.

Initially I did ring the IP section after 2 weeks as I had not heard from them even though I had received the letter from the Appeals office, they said they had not received the notification of the appeal being granted so asked me to send on a copy of the letter. As i have found out, give it a little time and if you have heard nothing make a phone call just to follow up as things do seem to go missing at times. 
Best of luck with yours


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## desperatedan (2 Oct 2011)

Sorry, I was posting earlier from an Android phone, not got the hang of it yet.

Just to say thanks to those who responded here, it was a worry for some time, but all OK in the end.

Just make sure you forward all medical reports as soon as they are to hand, and keep in touch with MRA Section, they are very helpful.


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