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Illness Benefit Appeals decided by Deciding Officer and not Doctor

  • 06-01-2012 4:43pm
    #1
    jonsnow
    Registered Users, Registered Users 2 Posts: 724 ✭✭✭


    If someone is on Illness Benefit for a number of years and they are receiving the medical certs to prove that they are not "capable of work" then how come a non-medically qualified deciding officer or appeals officer can decide that they are capable of work and can override a medical professionals opinion.Under what authority or legislation do the officers get this power and is their any Court cases challenging this situation.

    Also can an appellant get copies of documentation relating to them and the appeal pursuant to the Data Protection Act and/or the FOI Act.


Comments

  • #2
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Soial Welfare Consilidation Act 2005 as amended deals with all social welfare issues.

    Part 10 sections 299 on will answer your question re appeal and High Court appeal.


  • #3
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    http://www.irishstatutebook.ie/2005/en/act/pub/0026/sec0300.html#sec300


  • #4
    berrypendel
    Closed Accounts Posts: 365 ✭✭berrypendel


    jonsnow wrote: »
    If someone is on Illness Benefit for a number of years and they are receiving the medical certs to prove that they are not "capable of work" then how come a non-medically qualified deciding officer or appeals officer can decide that they are capable of work and can override a medical professionals opinion.Under what authority or legislation do the officers get this power and is their any Court cases challenging this situation.

    Also can an appellant get copies of documentation relating to them and the appeal pursuant to the Data Protection Act and/or the FOI Act.
    You can apply under FOI for all records relating to your case.

    Use the words "Under the freedom of information Act i request..."

    You can appeal if not happy and appeal to info comm if not happy with welfare appeal

    see if you can get this book in library and read chapter 6


  • #5
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    berrypendel wrote: »
    You can apply under FOI for all records relating to your case.

    Use the words "Under the freedom of information Act i request..."

    You can appeal if not happy and appeal to info comm if not happy with welfare appeal

    see if you can get this book in library and read chapter 6

    Not sure why you have to use the formula of words above, but a handy form is here http://foi.gov.ie/files/2010/09/FOI_Application_Form.pdf

    On that site it explains how to make a request. But make sure you do not wait until that request has been granted to appeal the SW decion on your payment, such appeal have a very short time frame. If you got a letter, it should have given you details of who to appeal to and the reasons for the decision.

    While waiting for the appeal, you may be able to apply for job seekers, and or SW. Your local citizens advice will be able to help with advice.


  • #6
    berrypendel
    Closed Accounts Posts: 365 ✭✭berrypendel


    ResearchWill wrote: »
    Not sure why you have to use the formula of words above, but a handy form is here http://foi.gov.ie/files/2010/09/FOI_Application_Form.pdf

    On that site it explains how to make a request. But make sure you do not wait until that request has been granted to appeal the SW decion on your payment, such appeal have a very short time frame. If you got a letter, it should have given you details of who to appeal to and the reasons for the decision.

    While waiting for the appeal, you may be able to apply for job seekers, and or SW. Your local citizens advice will be able to help with advice.
    you don't have to but you have to state the request is under FOI. Apologies op if you knew this - did not mean to be condescending. The link by ResearchWill is a better guide to making your request. You might find that book chapter interesting though


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