# carers allowance appeals



## Mammyto2 (29 Jun 2009)

Hi All

My sister in law has just got a letter back from the SW to say that she is not entitled to carers allowance for her Dad. He had a heart attack and angina last year and also has prostate problems and is due to have surgery very soon, he's on a lot of medication. 
She was caring for both him and her Mother until recently until her Mum died; but was only claiming Careres Benefit for her Mum, she left the workplace to care for her. She is not in a position to go back t work because her Dad really needs her to be off.
My question is around the appeals process, does anyone have any experience of this, are many appeals successful? Its got to be worth a try but I dont want her getting her hopes up.
Any Advice appreciated


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## Black Sheep (29 Jun 2009)

My first port of call would be a review. An appeal can also be lodged later if the review is not successful. It does not work the other way round.
Has she been told what the reasons are for the refusal.
Have you spoken to your doctor.
Has all the relevant information been or is there anything extra that needs to be included that may not have appeared as relevant in the application


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## Darthvadar (29 Jun 2009)

Depending on the reason for the refusal, it's probably well worth while appealing... 

In my experience, the appeals officers are very human... 

Can you expand a little???... Can you tell us the reason for the refusal, that way we can be in a better position to offer an opinion...

The local CIC may be of help with the process, and if you can, get in touch with the Irish Heart Foundation... They're bound to have encountered this type of situation before... The Carer's Assocation can advise too... 

If the refusal's on medical grounds, one thing I'd advise is to have documentary evidence of your dad's condition from his consultant... GP's evidence just doesn't seem to carry the same weight... Can't think why... A person's GP knows their patient's condition better...

I was lucky... I applied for (Half-Rate) Carer's in Sept '07... My mum's in Kidney Failure, and at the time was Pre-Dialysis... I got the payment on application.... I do know of others who were refused, but they all got the payment on appeal...

Hope it helps...

God bless..

Darth...


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## Mammyto2 (29 Jun 2009)

Thanks for your replies Guys!

Darth, I think she was refused on medical grounds, I haven't seen the letter but I think it basically says he's not sick enough to need full time care. I will get her to talk to the consultant to get some evidence of his condition. He's also grieving and really needs support..if she doesn't get this payment she will have no choice but to go back to work and that will be devastating for him.
What is the CIC?
How do you go about getting a review black sheep, is that on the same application form as the appeals or is it a more informal look over the application?


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## Darthvadar (29 Jun 2009)

CIC is Citizen's Information Centre, Mammy... 

http://www.citizensinformation.ie/categories

On the medical grounds, I don't know if it would help your sister, but when I applied I mentioned EVERY little thing I have to do for Mum above and beyond the norm... Absolutely EVERYTHING connected to her illness... From supervising her medication, cathetherising her (TMI perhaps, but it's reality!), administering her injections, cooking specially prescribed meals, dropping samples (urine, blood, etc) to the hospital, extra laundry, liasing with HSE (Community Nurse, OT, incontinence service, physio, etc), GP, hospital, etc... Then I pointed out that Mum would be on dialysis within three months, and pointed out all the additional stuff associated with all of that... Don't get me wrong, I'm NOT complaining, I LOVE looking after Mum, but in order to give the Dept. of Social Welfare a good idea of what your SIL does, it's important that they be given all the info, warts and all in order to understand ALL of the isues involved... 

I hope it works out!!!...

Did she have any luck with the Respite Care Grant???...

God bless...

Darth...


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## Black Sheep (29 Jun 2009)

I agree with Darth re the extra information provided.
Would be safe to leave the Dad alone for long periods. 
Would he be able to prepare a light meal for himself
Go to the toilet alone 
Dress, bathe etc himself
Administer his own medication

If not, detail the areas he needs help with and ask his doctor or consultant to add any extra information he feels relevant. (Bring the letter of refusal to the doctor)
Send the new info with a copy of the refusal to the person who signed that letter and request a review of the case

An appeal is the final stage if the review is unsuccessful


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## Mammyto2 (30 Jun 2009)

Thanks again for all the advice
Going to use all your advice here and get her to compile a medical case again and forward for review

Darth, I think she was entiltled to it under the 6 week following death rule, the lady she dealth with said she'd let her know but as far as she was cocerned she was entitled, she will get back to her if there is a problem and she hasn't heard from her since, so looking good!! 

Hopefully she wont need to go to appeal & review will be enough to convince
Thanks again


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## annet (30 Jun 2009)

The operational guidelines of the Carers allowance provides detailed information of the scheme in the DSFA.  The link is http://www.welfare.ie/EN/OperationalGuidelines/Pages/carers_all.aspx.  I would suggest that you get in touch with your dads consultant and get them to detail in a medical report the personal and healthcare needs of your sister-in-laws father.  It might also be helpful to get access to all personal records of the Carers Allowance claim from the Department of Social & Family Affairs under the Freedom of Information Act 1997 and Freedom of Information (Amendment) Act 2003.  Details on how to put in a request for these records can be accessed on www.oic.ie.  These records would be helpful in the event that you have to go through the appeals process - and so that you could get more insight into the medical grounds upon which the DSFA based their decision.  The carers association is also a good support group which may be able to help.  They have local support groups and can give advice.  Good luck.


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## Darthvadar (30 Jun 2009)

Hope it all works out, Mammy...

Please let us know how it goes... I'd really like to know...

God bless...

Darth...


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## ruthy (11 Aug 2009)

Hi im currently in receipt of carers benfit and have applied for carers allowance i have been refused it on medical grounds i then asked for a review and sent a letter from my mums gp they have still refused.  Im currently considering an appeal but am worried that they could then stop my carers benefit.  As one of my reasons for appealing is that my mum met the medical criteria for benefit but not allowance and they are meant to be same.  There is six months left on my benefit can they stop this if my carers allowance appeal is unsuccessful.


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## Darthvadar (11 Aug 2009)

The medical condition are the same as far as I know, Ruthy... 

And let's face it, as your mum's getting older and more frail, her medical condition's hardly likely to improve...

As I suggested before, Consultant's report, and a list of the needs your mum has above and beyond what's 'normal'... 

I hope it goes well... 

Please keep us informed


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## ruthy (11 Aug 2009)

Darthvadar said:


> The medical condition are the same as far as I know, Ruthy...
> 
> And let's face it, as your mum's getting older and more frail, her medical condition's hardly likely to improve...
> 
> ...


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## ruthy (11 Aug 2009)

thanks for reply does anyone know if they can stop my carers benefit


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## ruthy (11 Aug 2009)

sorry darth how do we go about getting a consultant report as she is a public patient and her next appointment is not till october


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## Darthvadar (11 Aug 2009)

Get in touch with her consultant's secretary at the hospital... Give the hosp. a ring and ask for her/him... 

I find that they are very helpful in situations such as this, and are good at getting the consultants to do the reports quickly... Mum's consultant says that there are three women he obeys without question... His wife, his mum, and his secretary!...

I'm sure you'll find that there'll be no problem getting that report...

Darth...


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## annet (11 Aug 2009)

Phone the secretary of the consultant... ask if you can get an earlier apt and if not tell them that you need a report from the consultant.  You also have the right to get access to all medical records from the hospital and in relation to the DSFA all records including those relating to medical unsuitability in relation to the carers allowance application pursuant to Section 7 of the FOI Acts.


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## ruthy (11 Aug 2009)

thanks and do you know if they can stop the benefit


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## Darthvadar (11 Aug 2009)

I don't know that, but I'd suggest that you move on this VERY fast... Because if they DO stop it, you'll be well on the road to getting your appeal sorted...

Also, give these people a call... I'm sure that they can offer advice and assistance...

http://www.carersireland.com/

Hope it helps... Please keep us informed...

Regards to your mum...

Darth...


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## ruthy (11 Aug 2009)

i just hope the appeal is successful im going to get started on it tomorrow have been on to carers they suggested getting in touch with a td.  My mum is diabetic has heart disease, sight in only one eye and glaucoma in other.  she is in warfarin for life as she has had several blood clots.  she also had surgery last year for a blocked artery in her neck.  She is only 55 but i just dint know how they can decide that she doeesnt need care and attention.  how can they change their mind from 18 mths ago


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## theredfox (16 Aug 2009)

I know what you mean i am in similar  position myself i care for a family member was refused carer  allowance on grounds that i dont give enough care and attention  and she needs 24/7  care caint be left on her own  i have to take care of her shower , meals tables G P app /hospital app she incontinent now i could keep going on .

                   take care


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## ruthy (17 Aug 2009)

hi red fox have you appealed the decison i am in the process of doing that now


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## theredfox (17 Aug 2009)

hi Ruthy 
yes i have appealed the decision  and i am waiting for them to get back to me . I sent a letter from her doctor and nurse and told them in the letter everything i do from when she gets up in morning till bedtime as i was told i was not giving enough care and attension .


take care


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