Can a social Welfare officer deem you fit for work

Dymo

Hi just looking for some advice here as to what to do next

My wife had major surgery earlier in the year and as a result was let go of her job. She had switched jobs 3 months before was on probationary period, she didn't know about the surgery operation and I guess they were afraid that she was going to be a liability.

As a couple we were surviving on her wages and when they disappeared we were desperate and she was unable to go back to work after a major operation. We went to the social welfare officer with all out bank details, bills, accounts, credit card bills (not a pretty sight). I was self employed so I had an accountants letter showing no income for the past year.

And we were granted 6 months supplementary benefit which was great we could do the shopping and pay something towards out bills. Now the 6 months have elapsed and we went to see the social welfare officer who was adamant that that was a special once off payment for 6 months and we would have to go on job seekers allowance.

Now my wife has a letter from her doctor saying she not able to go back to work and also a letter from a professor who says she not able to go back to work. She always exhausted and still gets pain as a result of the operation. She's on the long term illness scheme so will get a medical card for life as she will have constant doctor checkups and medication for life, we were informed that the only way we can get assistance is by getting getting job seekers allowance which means the doctor needs to sign a final cert that she's able to go back to work.

So she has been forced by the social Welfare officer to try to go back to work and now its going to take 8-10 weeks to get anything sorted or any form a payment to live on.

Anyone any advice what we can do at the moment we're practically penniless and the social Welfare officer has refused to help us.

If we called back down tomorrow and looked for the reason's in writing it would help or can we appeal this?. I know the reason is because I was self employed and the business still hasn't officially closed (Need money for an account to do so).

Its really just for a few more months, I went back to college and have just a couple of more months to be qualified and then back to full time employment.

Thanks

edellc

OP your wife can go on illness benefit which is means tested to your income, if she is unable to work she is unable to work, so the only option in relation to social welfare is illness benefit.

And NO a social welfare officer can not say if your wife is fit to work or not only a doctor can do that...but I think what the SWO is suggesting is that she signs on jobseekers once that is sorted out which can take a long time, she then gets her doctor to transfer her over to illness benefit...where she will need to get a cert weekly from her doctor, after a few months this goes to monthly but she will be paid weekly through her bank, she will also have reviews with the SW doctor half yearly to see if she is deemed fit to work.

why isnt she on illness benefit already

also if your earning nothing with your company wind it down and sign on, you can see about getting jobseekers allowance which is means tested, I presume you are able to work...

if she is on illness benefit the max she can get is 188.00 a week she will get nothing for you so if you can live on a combined weekly income of 188.00 by all means do so and keep your self employed business however if you cant then its time to shut it down and look about seeking assistance until you can find paye work

Dymo

And NO a social welfare officer can not say if your wife is fit to work or not only a doctor can do that.

That's what our doctor said too, but what are we to do if she didn't collect the cert we could't apply for JSA. She just rang the office looking for the cert, the doctor didn't examine her. What's being assessed is the income to out house and we have to wait for an inspection but that could take 8-10 weeks.

At the moment everything is just cut and no money for shopping this week.

mp22

If you wife worked for all of 2010 she would be able to claim ilness benefit wi=hich is a stamp base payment.Your GP needs to fill out the form (the GP has them)and you do the rest.

edellc

Dymo wrote: »

And NO a social welfare officer can not say if your wife is fit to work or not only a doctor can do that.

That's what our doctor said too, but what are we to do if she didn't collect the cert we could't apply for JSA. She just rang the office looking for the cert, the doctor didn't examine her. What's being assessed is the income to out house and we have to wait for an inspection but that could take 8-10 weeks.

At the moment everything is just cut and no money for shopping this week.

I don't understand what u r saying in the first paragraph, op if u r waiting on a payment from sw to be approved go to ur local health centre to the community welfare officer - Google ur closest one, and seek emergency payment also ring st v de p and see if they can help....no one should be going without food in this day and age there is help there seek it and don't feel ashamed

Also ur wife is just going to have to collect her cert on a weekly basis there is no way out if it, if u want r need state assistance then u play by their rules and suck up any inconvenience, that's just life

U make no reply re illness benefit, why is this...u don't need swo to approve it ur doctor does it so if ur wife collects certs weekly and hands them in on time there should b no break in her payment

Dymo

edellc wrote: »

I don't understand what u r saying in the first paragraph, op if u r waiting on a payment from sw to be approved go to ur local health centre to the community welfare officer - Google ur closest one, and seek emergency payment also ring st v de p and see if they can help....no one should be going without food in this day and age there is help there seek it and don't feel ashamed

Did that emergency payment is not available to us

edellc wrote: »

Also ur wife is just going to have to collect her cert on a weekly basis there is no way out if it, if u want r need state assistance then u play by their rules and suck up any inconvenience, that's just life

She was told by SWO to sign off certs and get a final cert or else they won't help.

damon671

From what I understood, a social worker is never an expert of any health concern. Therefore, the answer for me is no. Only a doctor can do this I guess.

mrsbyrne

OP you need to go to Citizens Information Centre and ask them to help you to sort out this terrible muddle. You seem to have got your wires very badly crossed with SW.
If your wife was working in 2010 she was entitled to get Illness Benefit maximum €188. She could have claimed for you, but if you were unable or unwilling to provide a full set of accounts then that claim couldnt be processed.
Applying for IB involves her GP filling in an application form which all GPs have.Then she submits the form to the local office and her claim is processed.
Edellc, Illness Benefit is not means tested, it is PRSI contribution based.

edellc

Thank you MrsByrne for clearing that up