DFSA doc says I'm unfit for work

avriljones

Sorry posted this to another thread didn't see the state benefit forum.

I appealed my illness benefit and was sent for a second medical. At the second medical last week I asked the doc what his recommendation was and he said he thought I was unfit for work. I actually seen him write unfit on the form. He said the final say was with Dublin and that I would hear from them within a week. Its been a week now so I called them and they said a decision had not been made. I feel as if I have been in limbo for the last six or seven months this has been going on for its making me even more ill than i was before. Can they make me go to appeal even if the DFSA doc says I am unfit for work?

OmeGar

As i understand it the appeals process is only open to the public. The only reason that the dept. Can 'appeal' if the appeals officer made a decision that is wrong in Law.

The appeals office may have sent the report to a deciding officer to see if they will revise the decision, without being forced by the appeals office. If the dept. doctor says you are unfit for work, then i think it is Highly unlikely that a deciding officer will argue with them.

I think you are in a good place for winning your appeal. Hope it works out for you.

Teddy Daniels

If you find out straight away you are being cut
if it takes ages you have won the appeal
that's my experiance

avriljones

Thank you for your replies. A wee bit confused. Is the dfsa doctor's report sent to the appeals board before going to the deciding officer? I take it also that if the deciding officer agrees with the second docs findings it goes no further but if they dont agree then it goes to a hearing??