Appealing Disability Claim Decision

A good starting point is to send in a request for access to all records on your dads IB claim (get him to sign the letter), and if your dad underwent a medical assessment those records should be requested in the letter.

The FOI request comes under Section 7 of the Freedom of Information Act 1997 and 2003.

These records will explain for you the exact reason in medical and functional terms why the DSP considered your dad fit for work, and the type of work that he was found fit for.

These records should also show what medical records they relied on in making their clinical decision making process. For example, did they usually write to his certifying doctor who provides a report - and any other reports from consultants.

You basically work your appeal around what's written (or not written) on these records. You can also add an addendum to the letter that is submitted to the Appeals Office once your dad receives full access to these records.

Your dad also needs to get in touch with his GP and his medical and psychiatric consultant (if he's got one) ASAP. Get them to write a very detailed medical report on his medical and psychological condition and how his COPD and MH difficulty affects him in his everyday bio-psycho-social functioning, as part of that appeal.

More than likely your dad will have to undergo a second medical assessment and it may be wise if somebody goes along with him to that examination to offer him support!

Your dads appeal letter should focus in on two components, medical issues (copd and mental health) and secondly on his work and functional ability. The Departments medical assessment form will provide you with a general guide of where they are coming from....so work around it.

The letter should detail how long he suffered from his COPD and MH problems, and it may be wise for him to give a frank personal account of how his illnesses affects him on a daily basis, what he finds that he can he do and not do...does he have problems motivating himself to get out of bed in the morning...going out....problems walking due to COPD....or even doing basic things like getting dressed during the day!

If he's on medication, what medication is he on, and does your dad experience any side-effects that may affect his work, how does it affect him, and is it likely to affect the safety of himself or others. Is he on nebulizer's - does he experience shortness of breath, how often would he need to use neb's or inhalers.

Also its important to provide a personal account of what he is trying to do to overcome or deal with his illnesses, like getting treatment, what treatment is he undergoing at present, and how often? Also tell them if and how this appeal process is affecting his illness!

How is he in his interpersonal skills - how has his illnesses affected his family relationships, other friendships that he may have and things like socialising.

On work related issues, provide a description of what his job, duties and responsibilities are, and then explain if your dad experiences difficulties in completing work related tasks, can he do them on-time, does he have problems with general concentration. Also focus in on what way does his work affect his illness and stress levels. Also, his attendance record is of importance.

Lastly, do become fully familiar with the operational guidelines for IB, Medical Assessment and Medical Review.

http://www.welfare.ie/EN/OperationalGuidelines/Pages/illben.aspx
http://www.welfare.ie/EN/OperationalGuidelines/Pages/medassess.aspx
http://www.welfare.ie/EN/OperationalGuidelines/Pages/medreview.aspx