Disability allowance refused

K

Kelca

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Hi, I wonder if anyone can help me, I've been on illness benefit since 2011, this has now come to an end so I applied for disability allowance, I suffer with chronic lower back and hip pain, am seeing a pain specialist and now waiting to see surgeon. Yesterday I received word that my application was refused on medical grounds, the deceiding officer did not feel that my disability will keep me out of work for a year. I went to my local social welfare office and was told that I could either appeal or try to claim disability pension, I would not be entitled to claim off my stamps as I was not working in the relevant year, i could not claim jobseekers as i am unfit for work and as my husband is in full time employment I would not be entitled to any other help. Does anybody know how long an appeal will take or any suggestions as to what I should do next? A mortgage to pay and young children, one income is really stretched.
 
Appeal to the social welfare appeals office in Dublin. Do not go back for a review in Longford as it is only a waste of time.

It may take 8 months to a year for your appeal to be heard.
 
Thanks, I'll try that. I've been working in this country and paying tax and RSI since I was sixteen years old, when I really need help from the state I'm left with nothing but paperwork and obstacles, it really is soul destroying.
 
Did you apply for Invalidity Pension (which is based on PRSI)? The PRSI rules for Invalidity are as follows:

Social insurance contributions

To get Invalidity Pension you must have at least:

260 (5 years) paid PRSI contributions since entering social insurance
48 contributions paid or credited in the last complete tax year before the date of your claim
Note that only PRSI paid in classes A, E and H count. The last complete tax year is the year before your claim. For example, if you claim Invalidity Pension in 2014, the last complete tax year is 2013.

If you were on Illness Benefit continuously from 2011, it would have run out in 2013. If you applied for Invalidity Pension at that stage, the relevant year would have been 2012 and if you were on Illness Benefit you would have a PRSI credit for each week of 2012.

Is there any reason why you were directed towards Disability Allowance which is means-tested? I would contact Invalidity Pension section and ask them to check your record.

The information on Invalidity Pension is here:
http://www.welfare.ie/en/Pages/Invalidity-Pension.aspx
 
Hi, I went for disability allowance as I am hoping to get surgery soon and hopefully get back to work, I thought invalidity pension was more long term? I will check this out though, thanks for suggestion!
 
Just a quick update, I've sent off my appeal, now getting letters from doctors etc. I have had a quick meeting with someone in citizens advice, and to be honest, I found this meeting very disheartening. It seems to be common practice to refuse applications, and deceiding officers don't have any medical background, but yet they overturn doctors opinions? I don't understand how a system like this is in use? It's shocking that the most vulnerable people in our society are being treated like this, people who genuinely can't work? Who were sick enough to receive illness benefit but not disability allowance, it's just wrong! I have also sent in an application for invalidity pension, which sadly I now fully expect to be refused. So after working all these years and paying tax and PRSI I am just left with nothing? It's a disgrace. The whole system is just a joke!
 
The thing is deciding officers just affirm and rubber stamp the decision of the depts own doctor who is behind a desk in Dublin. This doctor has never seen you and is simply feeding your details into a computer and a decision is taken using a preset number of reasons.

The appeals hearing will vindicate you and your claim. Don't worry. The appeals officers are getting fed up to the back teeth with what is policy in Longford.

I wish you the best of luck with it all and don't lose hope.
 
My husband has had his hours cut at work, and will now be on a three day week. We now can't afford to wait on this appeal, I'm going to have to try to find some kind of work (against my doctors advice)or we won't be able to keep a roof over our heads. I genuinely don't know where to turn? We were just about scraping by as it was, can anyone tell me what my options are now? I'm going to social welfare office tomorrow. I don't know how I'll manage with pain, but I don't see what else I can do. I'm terrified I'm going to cause more damage, can anyone offer any advice?
 
If you husband is on a 3 day week he can apply for casual jobseekers and have you as an adult dependant on his claim.
 
Hi, just wanted to update, my appeal was allowed today! I can't tell you what a relief this news is. Thanks Time, your advice and encouragement really helped me through some very dark days.
 
Allowed

I applied last Sept for Disability Allowance and was turned down on medical grounds , which I appealed as I had MRI and result was thoracolumbar kyphoscoliosis and narrowing and bulgeing if the vertbra. I had my appeal and was sent letter on May 13th to say Appeal is allowed. Rang the office to be told there's a backlog. Was speaking to someone again today to say that my went to review officer on May 22nd and it could be another 2 months.
I cannot understand why there's such a backlog, when you ring your ages getting through to them and nobody can seem to give a straight answer.
 
If your appeal is allowed it has to go straight to payment. That is what happened with the last person I assisted. He got his appeal allowed letter one day and payment letter the next.

They have no business sending to a review officer. They are extracting the urine at this stage.
 
Perhaps the claim hadn't been assessed for means pending the outcome of the appeal on medical grounds? That might explain the need for a review.
 
I’m hoping someone can help me
I won my appeal for disability allowance on the 27th of July I received my letter stating appeal allowed but today I got a letter from DA asking how I am supporting myself since my illness benefit ended on the 27th of June
I thought once appeal granted that was it
 
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