Lone parents appeal advice

prettykitty81

I applied for lone parents last year and was refused in May. I appealed and have my appeal date set for 21st November. I have no idea what to expect or what to bring.

The situation I am in is that I have two children, a little boy aged 3 with Autism and sensory processing disorder and a 1 year old girl who looks like she will also be diagnosed with sensory processing disorder. I have applied for carers allowance and a medical card but so far nothing. I was awarded the domicillary care allowance though. Neither of my children sleep for more than 3-4 hours per night with no naps. I was also diagnosed with borderline bi- polar and am on the wait list for help. The children's father is very involved in their lives and stays one night a week to give me a break as there is no respite available ( my son refuses to sleep Anywhere but his won room and we did try him staying in his daddy's. It did not go well and resulted in a trip to A&E due to him banging his head off ground repeatedly and damaging his teeth). He lives in a different county to us etc and I have provided numerous proof of this to the inspector. I also have letters from doctors, psychologists, early intervention team etc to further prove my case. I am so terrified that they are going to refuse me again. I'm at the end of my tether and really not coping as it is. Can anyone tell me what to expect or what I should bring with me? Thanks

edellc

I have never had to go through what you are going through, however bring everything with you, all documentations so anything that is asked of you, you will have to hand.

Other than that stay calm and strong and speak clearly and slowly to them.

I really wish you the best of luck and hopefully someone else can offer you more advice.

Best of luck OP

prettykitty81

I have pages upon pages of documentation to prove that my son and daughter need extra help but there is none available. I have provide bills, bank statements, official documents for both me and my ex to prove that he lives two counties away. If he has to stop the one overnight visit I will be without any help at all. I barely coping as it. I'm just terrified that they won't take into account the medical circumstances.

d9oiu2wk07blr5

What did it say in the letter as to the reason why you were refused OFP? That's what you should really focus your appeal in on.

If they think that you're cohabiting, then you should try to provide proof that you are not by way of showing evidence that the father of the children is living in another county - ie, his rent, utilities etc and how many days per week he does stay over. If it's based on means then you need to provide evidence of all your income.

It's a bit late at this stage, but I would always advise anybody who is refused a payment to do an FOI request seeking access to your file so that you know exactly what's on the file prior to going in to the appeal hearing.

Here's the operational guidelines for OFP and other info that you may find helpful.

http://www.welfare.ie/EN/OperationalGuidelines/Pages/onepfp.aspx

https://www.welfare.ie/EN/OperationalGuidelines/pages/meansassess.aspx

http://www.welfare.ie/EN/OperationalGuidelines/pages/cohabit.aspx

eddiehen

prettykitty81 wrote: »

I have pages upon pages of documentation to prove that my son and daughter need extra help but there is none available. I have provide bills, bank statements, official documents for both me and my ex to prove that he lives two counties away. If he has to stop the one overnight visit I will be without any help at all. I barely coping as it. I'm just terrified that they won't take into account the medical circumstances.

Medical circumstances don't come into applications for the OFP, so bringing all of this documentation to the appeal won't change anything there. I believe the appeal may be centered around the presence of your partner at the address when the inspector visited. There are criteria for cohabitation which all inspectors will have to adhere to, found here. Unfortunately it's more complex than showing the inspector that your ex has bills going to his address 2 counties away - My wife of 2 years has some going to her home address but that doesn't imply that we don't live together.

prettykitty81

eddiehen wrote: »

Medical circumstances don't come into applications for the OFP, so bringing all of this documentation to the appeal won't change anything there. I believe the appeal may be centered around the presence of your partner at the address when the inspector visited. There are criteria for cohabitation which all inspectors will have to adhere to, found here. Unfortunately it's more complex than showing the inspector that your ex has bills going to his address 2 counties away - My wife of 2 years has some going to her home address but that doesn't imply that we don't live together.

The reason I bring up medical circumstances is because without my ex staying one night a week I would have no help whatsoever . My son is special needs and doesn't sleep and either does his sister. I have applied for respite, home help everything you can think of but it's all been slashed by the government. That one night is my only break from 24 hr care for both of them. If it was possible for them to stay at their fathers believe me I would let them but its not. The inspector seemed to think ( and I do understand why) that we were co-habiting. I am merely looking for advice on how to show the appeals people that we really aren't.

prettykitty81

eddiehen wrote: »

Medical circumstances don't come into applications for the OFP, so bringing all of this documentation to the appeal won't change anything there. I believe the appeal may be centered around the presence of your partner at the address when the inspector visited. There are criteria for cohabitation which all inspectors will have to adhere to, found here. Unfortunately it's more complex than showing the inspector that your ex has bills going to his address 2 counties away - My wife of 2 years has some going to her home address but that doesn't imply that we don't live together.

Realise my reply might have sounded a bit snippy. Not what I meant. I just don't know what else I can provide to prove I am a single mum. I invited them to look round the house, to check the rooms, to talk to my neighbours.. I just don't know what else to do. We are now at a stage where I can't even afford my medication.

eddiehen

prettykitty81 wrote: »

Realise my reply might have sounded a bit snippy. Not what I meant. I just don't know what else I can provide to prove I am a single mum. I invited them to look round the house, to check the rooms, to talk to my neighbours.. I just don't know what else to do. We are now at a stage where I can't even afford my medication.

I know, don't worry, it was a very cold response from me. I thanked the response above mine because it was a bit more informative and what I wanted to say with more compassion!

I think if you have documentation that you can present for the appeal which would say that a doctor recommends that the father of your children is present for routine's sake, then that can only help your appeal. Best of luck with it!

Fred Cohen

Would Carers Allowance not be a more appropriate payment?

d9oiu2wk07blr5

Fred Cohen wrote: »

Would Carers Allowance not be a more appropriate payment?

It probably would considering she has already been awarded DCA and that OFP is only paid up to 7 yrs for new applicants. Of course, the other issue with carers allowance is that OP would still have to overcome the hurdle of the means test and especially if the DSP already hold the view that she's cohabiting.

Out of interest was the OP awarded Supplementary Welfare Allowance while she was waiting for her OFP to be processed because that could be relevant to her appeal hearing? In other words, if the departments representative satisfied himself/herself that she was not cohabiting for SWA purposes then it could be argued why another section of the DSP held the contrary view that she's cohabiting?

prettykitty81

Tatiana Deafening Nature wrote: »

It probably would considering she has already been awarded DCA and that OFP is only paid up to 7 yrs for new applicants. Of course, the other issue with carers allowance is that OP would still have to overcome the hurdle of the means test and especially if the DSP already hold the view that she's cohabiting.

Out of interest was the OP awarded Supplementary Welfare Allowance while she was waiting for her OFP to be processed because that could be relevant to her appeal hearing? In other words, if the departments representative satisfied himself/herself that she was not cohabiting for SWA purposes then it could be argued why another section of the DSP held the contrary view that she's cohabiting?

I have actually applied for carers allowance ( back in January. Still waiting) and according to the CWO I'm entitled to a half rate carers on top of the OFP.

The appeals person was very fair but the Inspector tried to use the fact that my ex wasn't registered to vote at his address as proof he doesn't live there. He isn't registered to vote at my house either so wouldn't that be taken into account? Tried to explain how unpredictable things can be with my son and as if to prove my point, the minute the appeal finished I got a phone call from the hospital asking to being my son in urgently! Appeals board has asked me to send in more paperwork and then he will make a decision. Thank you everyone for your advice