Invalidity Pension Appeal

cathberm

Illness Benefit 2008-2009
Maternity Benefit 2009
Illness Benefit 2009-2011

No SW payment from here - which I've had to substitute with a very small Income Protection payment (barely pays the mortgage), loans from family etc.

Applied Invalidity Pension August 2011 (meet all the required criteria)
Refused October 2011
Appeal November 2011
Refused September 2012 - Unsuitable
Option - appeal to Chief Appeals Officer

I suffer with depression (not diagnosed until 3 years ago) and have lately been diagnosed with fibromyalgia & joint hypermobility syndrome. GP & HSE Consultant have both reported on my unsuitability to return to work in the short to medium term.

I'm not going to make this all about how I'm suffering, but there is no possibility of holding down any form of job at the moment yet alone return to my primary role in the private sector where I worked for 9 years.

Where does one go from here?
Any advice appreciated.

phoenix999

I think the problem is that your consultants say you are unlikely to work in the 'short to medium term'. Invalidity pension is aimed at people who are unlikely ever to be able to work again. Disability Allowance is what you should be applying for.

cathberm

Really?
I asked SW and the HSE, both suggested invalidity pension. I have basically been incapable of work since 2008. That's 4 years, with no sign of any improvement. I thought the only difference between Disability Allowance & Invalidity Pension was the means test (which would probably go against me while receiving Income Protection; note while still not having any money to pay bills, buy food etc.).

I owe thousands and just can't continue like this. My family can't give me any more. Naively, I thought I'd be able to get back-payment and clear off as much debt as I could.
Can they not see if I was able to go back to work, I would. No one in their right mind (pardon my depression pun) would choose to go down this road unless it was a last resort.

Maybe the consultants/GP letters were too brief and didn't outline the extent of my condition. From my recollection they were short and to the point, highlighting that I was not in any position to return to work within the next 12 months or longer.

Should I appeal again and organise a comprehensive report from all? Would going to a private consultant make any difference (not that I can afford it)?

Rant warning:
I just can't understand that the HSE employ consultants who are specialists in their field and the Dept of Social Protection's medical assessors are more qualified to make that call without ever even seeing me. Who are these people and how can their limited opinion over-ride 4 years of weekly assessments with the HSE. It's absolutely fundamentally ridiculous and flawed.

cathberm

Phoenix999, thank you for the reply. Maybe you are right though. Maybe their criteria is not as stated (at least 1 year) and it is actually complete long-term incapacity.

But if that's the case why don't they state this. Is there any way to re-apply for illness benefit?

phoenix999

Cathberm, my father is on Invalidity Pension for nearly 15 years. He was badly injured in a car crash and was unable to work again. Invalidity is a bit higher that Disability Allowance, 193.50 (and 230 for 65 or older) I think. Disability is 188. You might find it easier to get Disability Allowance (but as you mention it is means tested). My friend has was diagnosed with depression and has been on it for 2 years. You would still get the Free travel pass and other benefits. And you can always apply for Invalidity down the road if your condition worsens. However, Welfare are clamping down hard and you would need strong support from doctors and consultants (short letters wont suffice as it is a major payment). I doubt you have any more prsi contributions to go back on illness benefit as it is only awarded for up to a year at a time. Make a request in writing to Welfare the grounds on which they rejected your application for Invalidity. At least then you have a starting point.

cathberm

phoenix999 wrote: »

Cathberm, my father is on Invalidity Pension for nearly 15 years. He was badly injured in a car crash and was unable to work again. Invalidity is a bit higher that Disability Allowance, 193.50 (and 230 for 65 or older) I think. Disability is 188. You might find it easier to get Disability Allowance (but as you mention it is means tested). My friend has was diagnosed with depression and has been on it for 2 years. You would still get the Free travel pass and other benefits. And you can always apply for Invalidity down the road if your condition worsens. However, Welfare are clamping down hard and you would need strong support from doctors and consultants (short letters wont suffice as it is a major payment). I doubt you have any more prsi contributions to go back on illness benefit as it is only awarded for up to a year at a time. Make a request in writing to Welfare the grounds on which they rejected your application for Invalidity. At least then you have a starting point.

That's a good idea. However, I've only 21 days to appeal. No doubt it will take them months to reply. My friend was saying I should go to my GP, both Consultants and possibly another consultant who's a claims assessor and organise a comprehensive report from each, even if I have to pay a lot for it.

I don't know whether I'd be wasting money I don't have. I'm actually quite disappointed with my GP and Consultant for not writing the necessary supporting info. But they were extremely supportive in every other way. I presume like everyone else they're stretched and extremely busy.

I just feel like i've been through the mills . It's hard to focus on getting better when all this lurks in the background (or foreground you could say).

phoenix999

Well you will understand that it is a big payment, and they will need to have comprehensive reports. Otherwise everyone would be applying for it. You would be amazed how co-operative doctors and consultants can be when you flash money in front of them. My mother went for tests for cancer and I was furious when she told me she gave the consultant money (even though she has a medical card). And he took it! Make sure you include a personal statement too describing how this is affecting your health and wellbeing. Your friend's advice seems bang on. Let's just hope you won't get another rejection.

Kalishoek

Home since June 2010
3 back surgeries
Muscles waste in legs
Drop foot
Not allowed to drive due to weakness in leg
Need knee cap repositioning in other knee, so another surgery waiting
waiting for knee replacement and one former knee operation
all due to heavy arthritis#
and on top of this all I have Fibromyalgia since a year and a half
GP's opinion, not able to work anymore

Applied for invalidity pension end of April
Refused last June
Reason , not incapable in the long term

Started an appeal last June
Since the 17 October last papers are on the desk from a medical assessor, no decision made yet
If refused again it will go back to the appeals office and this can take another 6 to 12 months of waiting for a decision.
Have not seen a medical assessor in person since I applied for Invalidity pension and will not be called either by the sound of it.
Just to let you know how it works

Kalishoek

Update, file still with the medical assessor since 17 October 2012, has not been looked at yet.

WildRosie

Kalishoek wrote: »

Update, file still with the medical assessor since 17 October 2012, has not been looked at yet.

That is crazy :eek:. As if you don't have enough on your plate. I was extremely fortunate. I applied May 11 and got my travel pass the middle of July 11 and a letter confirming award a week later. I only submitted a GP report and didn't have to go for a medical. I had been for one in January for Illness Benefit so I guess they must have taken that into account (I was very unwell at the time and the assessor cut the interview short and called my mum into the room to tell her I had to see my doctor asap).

Have they given you any idea of when it might be looked at? Are you on Illness Benefit or Supplementary Welfare Allowance in the meantime?

Kalishoek

Good news, applied 30 April 2012, granted February 2013
Received first payment last week

PeadarB

Kalishoek wrote: »

Good news, applied 30 April 2012, granted February 2013
Received first payment last week

Wife got hers sorted as well. It seems that the large number of applicants has led to delays of between six months to a year depending on whether a review rather than an appeal is sought.

naughto

was on invalidity pension for a yr got a letter last october to say i was being stoped my payment on medical grounds.got them to reviewed the decision,was told i would have to see the SW doc like you do for illness benfit.

i was waiting for an appointment to arrive in the post heard nothing for months,rang them to day for them to say my review was turned down with out me even seeing a Sw doc and that i can appeal it.

what i cant understand is that my condition is worse now than it was be fore i went on to invalidity pension and yet i not seen a Sw doc,how they can make a decision on paper work alone (even though my consultants yes i have more than one says in the letter that i cannot work,not will my condition get any better)


iam now going to appeal it untill i get it even if it takes me yrs to get it.

Skhreiss

Hi.I've been out of work for over a year I have arthritis in my both hands idid two sergury in less than year I was on illness benefit till now and also i filled application for invalidity pension
and I get refused. I'm just looking for an idea for
my appeals.
Many thanks

Plugguy

What reason did Social Welfare give you for your refusal? I think you need to have 5 years paid PRSI contributions in order to get Invalidity Pension. If you don't qualify for Invaldiity Pension, you might qualify for Disability Allowance or maybe Supplementary Welfare Allowance.

Nomis21

I first applied for Disability Allowance in 2012. Refused. Appealed. Refused again. Applied again with new GP and granted January this year.

Keep plugging away with new doctors and consultants letters. Most people I know got it on their 3rd attempt.

NUTLEY BOY

See this below from welfare.ie.
(Link to full page http://www.welfare.ie/en/Pages/Invalidity-Pension.aspx)

QUOTE START.

Medical criteria

Invalidity Pension is a payment for insured people who are permanently incapable of work because of an illness or incapacity.

To qualify you must:
##Have been incapable of work for at least 12 months and be likely to be incapable of work for at least another 12 months (you will probably have been getting Illness Benefit or Disability Allowance during that time)

Or
##Be permanently incapable of work (in certain cases of very serious illness or disability, you can transfer directly from another social welfare payment or from your job to Invalidity Pension).

QUOTE END.

If welfare are refusing OP's claim they must state reasons for the decision.

It might be worth OP's while to make a Freedom of Information request to see exactly what Welfare are actually doing internally. Sometimes, this might give insight in to the basis on which they are proceeding and provide a basis to challenge them on the medical evidence.

AFAIK Invalidity Pension is not means tested.

skippy2

AFAIK Invalidity Pension is not means tested. ......................Can confirm you are correct