Cut off illness benefit

kerchunky2010

Hi,

I have been off sick from work since April 2011 with genuine sickness.

I went to see a deciding officer from social welfare and they decided to cut me off, which is now being appealed (letter of appeal has been sent)

I went to the social welfare and need to go bck on 15th Dec to apply for Job seekers as I am entitled to money since Its in appeals stage and not getting paid from employer.

I then went to my community welfare officer who basically told me he could do nothing for me as I have a job to go back too.

That leaves me with NO money what so ever and Im a single parent to a 7yr old daughter.

God knows how long this appeal will take.

I am genuinely not able to return to work at this time....I am at my wits end!

Anyone else in same boat and have any advice?

cee_jay

Are you claiming One Parent Family?

cee_jay

Mod Note:
OP does not need to reveal their illness to receive assistance on this matter. It is personal to the OP and does not need to be discussed here.
Posts have been deleted regarding this.

kerchunky2010

no im not

cee_jay

You could have an entitlement to One Parent Family, along with Illness Benefit/Jobseekers Benefit, while you are not being paid by work. You should call to your local Social Welfare office tomorrow to enquire about this.
You can appeal the decision from the Community Welfare Officer.

kerchunky2010

im going into them on 15th Dec, I was there already and its all by appointment now, so not even applied yet!!

They did tell me its upto CWO wether I get paid whilst I wait...bloody no use.

Literally have NO money and the time of year that it is

If i was fit for work i would be back tomorrow for the money alone!!

ResearchWill

First of all OP I really feel for you, because of the situation with the number of appeals it is taking months in some cases. It is a horrible situation to be in, have you spoken to citizens advice, also speak to FLAC they may be able to help.

kerchunky2010

what is FLAC? never heard of that

Im going to ring citizens advice in morning.

I literally have no money and depending on my 76 yr old father to support me and my daughter - which he cant afford ta do, its me who pays him like, rent & help on bills etc.

Each week that passes im getting more in debt, Ive advised all the companies I owe money too of my situation but im sure they dont care.

ResearchWill

kerchunky2010 wrote: »

what is FLAC? never heard of that

Im going to ring citizens advice in morning.

I literally have no money and depending on my 76 yr old father to support me and my daughter - which he cant afford ta do, its me who pays him like, rent & help on bills etc.

Each week that passes im getting more in debt, Ive advised all the companies I owe money too of my situation but im sure they dont care.

FLAC is Free Legal Advice Centre, they are staffed by qualified lawyers given a few hours free, some of the most important cases in Irish history started because of FLAC.

When informing people you owe money to, do so in writing, and keep original, if cant afford registered post drop into office if possible and keep a record of who you gave letter to.

Also I know it would be hard to consider but St. Vincent De Paul are there for these situations, the more people in your corner the better.

I know it's no comfort but there are thousands in the same situation as you. I know of a few Solicitors who are taking on these cases pro bono.

Simtech

Your original claim for Illness Benefit is now subject to appeal but I don't see why you couldn't go to your doctor and essentially start a new claim. If your doctor certifies your illness then sick you are! If you are sick you are entitled to Illness benefit. I could be wrong in this but the logic seems sound so I would check it out if I were you. I would continue to send in certs anyway and see what happens. Obviously if you are sick then you are required to be certified as such and I would imagine if you are legally certified as sick then they are required by the system to pay you.

ResearchWill

Simtech wrote: »

Your original claim for Illness Benefit is now subject to appeal but I don't see why you couldn't go to your doctor and essentially start a new claim. If your doctor certifies your illness then sick you are! If you are sick you are entitled to Illness benefit. I could be wrong in this but the logic seems sound so I would check it out if I were you. I would continue to send in certs anyway and see what happens. Obviously if you are sick then you are required to be certified as such and I would imagine if you are legally certified as sick then they are required by the system to pay you.

If it was that simple, the OP's doctor has certified her as sick, it is the social welfare doctor that says no. That decision is now being appealed, no new claim can be made untill that appeal has been heard. There is a claim it is just being appealed.

Simtech

ResearchWill wrote: »

If it was that simple, the OP's doctor has certified her as sick, it is the social welfare doctor that says no. That decision is now being appealed, no new claim can be made untill that appeal has been heard. There is a claim it is just being appealed.

Yeah, I imagine that is the way of things but it seems fundamentally unfair that the OP is left penniless while the appeal is being decided upon. If the OP was an asylum seeker and a deportation order were made, she would not be deported prior to her appeal being heard. Her material situation would not change before her appeal was decided. Does that make sense? I wonder where one could see the ruleset that action (cutting her off) is based upon?

hawthorne

May be a TD could help- preferable from FF- they will kick up a stink against the government.
Contacting a newspaper or one of the radioshows about the problem (Talk to Joe,etc.) might highlight the case as well.
May be an email directly to Joan Burton ?
The decision taken by CWO seems to be totally wrong. How about contacting his/ her superiour ?

ResearchWill

Simtech wrote: »

Yeah, I imagine that is the way of things but it seems fundamentally unfair that the OP is left penniless while the appeal is being decided upon. If the OP was an asylum seeker and a deportation order were made, she would not be deported prior to her appeal being heard. Her material situation would not change before her appeal was decided. Does that make sense? I wonder where one could see the ruleset that action (cutting her off) is based upon?

You are legally incorrect again there is no appeal to a deportation order, one can only judicial review a deportation order, you may seek an injunction to such deportation pending the hearing of the case. The High Court has refused to grant such injunctions, a test is applied in such cases as in campus oil case.

The problem with the OP's situation is that the social welfare emergency payments through community welfare officers is supposed to step in, but in this case that has also been refused and is bring appealed.

If I was a bad person I would think it was a deliberate action by government to force unhealthy people to work.

Simtech

ResearchWill wrote: »

You are legally incorrect again

Yeah, not the first time I've been wrong. OP you have my sincere sympathies. What is being done to you seems fundamentally wrong to me. :mad:

kerchunky2010

i honestly feel as if im being forced back to work when I am out of work with a genuine illness.

I cant understand how they expect me to feed myself and my 7yr old daughter with no income since 7th November.

I feel like im having a nervous breakdown over this situation and I wouldnt wish it on my worst enemy :-(

silly houseowner

was cut off illness benifit last april 3 weeks after having a baby .Was told to apply for disability,and finally got refused in september so have appealed and still waiting.Have had no income since 4 april and have 2 kids.how are people expected to live

mia78

Generally you can claim jobseekers allowance/benefit while you are pending appeal you dont need to be available for work if you have an appeal in

ResearchWill

mia78 wrote: »

Generally you can claim jobseekers allowance/benefit while you are pending appeal you dont need to be available for work if you have an appeal in

Yup you are correct generally you can but it seems from the OP's first post she has a job available to her with her employer. So it's either no money or forced to go back to work.

mia78

well if her doctor has certified her as unfit for work and she is appealing the illness benefit the issue of being available for work is not a factor so shouldnt come into play when she claims benefit pending the outcome of the appeal

amtw

Go back to the CWO and ask for the decision in writing. If your doctor is certifying you as being unfit for work the CWO cannot dispute this and tell you that you have a job to go back to. Whether or not you are fit for work is a medical decision. This decision is in disupt between your doctor and the department's medical officer, it is not a decsion that the CWO is qualified to make.

After a lenghty illness most employers will insist on a final cert from your doctor stating that you are fit to work, if you don't get this you cannot return to work and the CWO must give you a payment. If the CWO has refused you in writing (which I doubt) you can ask for a review which is much quicker then an appeal.

kerchunky2010

I am due back into Social Welfare on 15th Dec to claim for Jobseekers (all by appointment now it seems) thats ok - but what do I do for money in the meantime that this is being processed?!

On the 15th Im gonna go back to the CWO and if he doesnt help me I want it in writing so I can prove he wouldnt assist me with anything.

I emailed Joan Burton via her website last week complaining about my situation and received a letter back stating my case is being reviewed by her admin team and they will be in touch, lets see does that hurry my case along.

Will keep you all updated, so if anyone is in same boat as me they can do as Im doing

ResearchWill

mia78 wrote: »

well if her doctor has certified her as unfit for work and she is appealing the illness benefit the issue of being available for work is not a factor so shouldnt come into play when she claims benefit pending the outcome of the appeal

In the process yes your own doctor says unfit for work. Every so often you will be requested to attend a SW doctor, if he or she says you are fit for work then your payment is stopped. You can appeal of course, but due to huge level, that is now taking months.

In most cases the person just switches over to job seekers, but to get job seekers you must be out of work in the OP's case she has a job just one she is out sick from. See the problem with the system.

Then in such cases CWO is the safety net, but problem is they are also refusing people, this can also be appealed but again waiting months. More and more people are getting trapped in these situations, awaiting multiple appeals for in some cases months on end.

kerchunky2010

Hi All

Quick update on where I am now,

Went back to SW on Thursday 15th Dec, there for 5mins handing all my relevant stuff in etc. Was told they would be in touch in the new year.

Received a letter yesterday (2days later) to say my application for JobSeekers was accepted and payment would be in Post Office from Wednesday 21st Dec!!

Cannot believe it, feel as if my Christmas present has came early...and its my daughters 7th Birthday on 22nd Dec so its put an even bigger smile on my face!

Anyone in the same position, go and claim for Job Seekers ASAP.

Can sleep easier now that I can pay my bills etc!
:):):):):):):)

wmpdd3

That is brilliant and I think your situation detailed here will really help other stuck int he same catch 22. But I just get my head around how they can award you JSA even though you have a job. It really is madness but I'm glad it was sorted out before Christmas.