Back pay and disability allowance/JSA

augusta24

Hi all,

My mum is in the process of applying for disability allowance at the moment but the backlog means she's been waiting three months so far with still no decision.

I was wondering what will happen with regards to back pay if she is declined. Can she apply for jobseekers and still get back paid to June when she started the process for the disability allowance?

Thanks :-)

mp22

Yes

jack7

if approved she will get back pay, if refused she can appeal and wait again for months. if want to apply for JSA will have to be available and fit for work

augusta24

jack7 wrote: »

if approved she will get back pay, if refused she can appeal and wait again for months. if want to apply for JSA will have to be available and fit for work

But if even after the appeal they turn her down (I've heard it can be really hard to get accepted) at that point shell have to apply for JSA as there's nothin else. If they turn down disability allowance then they must not agree she needs it i.e. they think she is fit for work. So in that case will se still get ye back pay back to June? The poster above seems to think she will so I hope they're right!

Cushie Butterfield

augusta24 wrote: »

But if even after the appeal they turn her down (I've heard it can be really hard to get accepted) at that point shell have to apply for JSA as there's nothin else. If they turn down disability allowance then they must not agree she needs it i.e. they think she is fit for work. So in that case will se still get ye back pay back to June? The poster above seems to think she will so I hope they're right!

Is there any reason why she hasn't applied for Supplementary Welfare Allowance while waiting for a decision on her DA claim? If & when her DA claim came into payment whatever amount she has received on SWA would be deducted from her backdated DA payment.

http://www.welfare.ie/en/Pages/Supplementary-Welfare-Allowance-Scheme-SWA.aspx

jack7

I think if she is refused D. Allowance , there is no back pay and her JSA payment will begin from the date she applied for it.She may not be entitled to get Supplementary allowance while waiting for a decision on D. Allowance as they can not be sure if she will receive it or not. I am waiting for a decision since July on D.allowance and was told not entitled to Supplementary allowance. I could not get anything but my husband works.

jack7

Rang D.Allowance office, they currently working on July applications. I applied in July and was told should have an answer in a month

augusta24

jack7 wrote: »

Rang D.Allowance office, they currently working on July applications. I applied in July and was told should have an answer in a month

Thanks for all the replies everyone. She was refused the supplementary allowance. I'm just most concerned that after all this time that she might be refused and could have lost all that back pay ... How can they justify that when it's their fault it takes so long for a decision to be made?

Don't get me wrong I understand resources are scarce and I know they're under pressure... I actually understand the fact that there's a huge back log but I really would be furious if she's refused and isn't allowed transfer that back pay to her job seekers application!

jack7

I do understand your anger but I really do think that u only get back pay from the day they receive your application. if she has to apply for JSA she will have a better chance of getting Supplementary Welfare benefit while she is waiting.

No Pants

If the claimant has stated that she has a disability and cannot work, surely she has not been available for work and therefore not eligible for JSA?

augusta24

No Pants wrote: »

If the claimant has stated that she has a disability and cannot work, surely she has not been available for work and therefore not eligible for JSA?

Yes correct. But I've heard from numerous sources that its really difficult to get DA and that even though her doctor has written to them explaining the situation they may still refuse her. So this leaves her in limbo then and there's no other payment we can get other than JSA

jack7

how long since she applied? give D.A office a ring , better to ring the locall 1890 number as takes a while to speak to an actual person .They might tell her how long more to get a reply. The waiting is horrible, no money and if refused, have to appeal and start the waiting all over again with no money.

No Pants

augusta24 wrote: »

Yes correct. But I've heard from numerous sources that its really difficult to get DA and that even though her doctor has written to them explaining the situation they may still refuse her. So this leaves her in limbo then and there's no other payment we can get other than JSA

She would still be able to JSA, but only as a newly realised "I am able to work and am now looking for work" claimant and would not be entitled to any JSA backpayment, right?

augusta24

No Pants wrote: »

She would still be able to JSA, but only as a newly realised "I am able to work and am now looking for work" claimant and would not be entitled to any JSA backpayment, right?

I see what you're saying and I totally accept that that may be the way it works. But I think this is incredibly unfair as she's applying for DA for a reason... Her own gp has written to them explaining that in their professional opinion she is not suitable for work for at least a year. The problem seems to lie with the fact that I've been told its difficult to convince them to allow disability allowance and that they may not accept her doctors opinion.

ash23

I applied for disability allowance in January and only got a letter from them on Friday. I was going to appeal but really, I can't afford to wait another year for the appeal process as the DA application resulted in my Family Income Supplement being suspended. It's really ridiculous the length of time it takes. I was over by a couple of euro on the means test. I could reduce my hours in work but then my wages would be affected and I'd still be left waiting for the appeal to go through.

I know that's not really an answer to your question but I just wanted to let you know that the waiting time for DA claims is about 9 months.

jack7

she might not b much longer, they are on July now. I know its tough waiting but if she is refused she should appeal it, dont give up. I dont think the Appeals Process is too long

augusta24

Thanks everyone, I guess at this stage we just have to wait and see how it goes and take it from there. Hopefully she'll just be accepted for DA and will get her much needed back pay.

jack7

I applied for DA in July and got a letter today. I was refused because our means are above their threshold. I rang to ask about it and was told if I wasnt happy to write back and give details again of mortgage, car loans etc. She was very helpful. I rang the 1890 number, much more helpful

CZ 453

jack7 wrote: »

I applied for DA in July and got a letter today. I was refused because our means are above their threshold. I rang to ask about it and was told if I wasnt happy to write back and give details again of mortgage, car loans etc. She was very helpful. I rang the 1890 number, much more helpful

Hi there.Sorry to hear about your reply. What date did you apply in July? Thanks

jack7

sent on 17th July, got a text the 2nd of August to say being reviewed, then letter on Monday to say was refused.

CZ 453

jack7 wrote: »

sent on 17th July, got a text the 2nd of August to say being reviewed, then letter on Monday to say was refused.

Did you send it to Longford?

Pollyanna306

Its unbelievable how this system treats vulnerable members of our society......my husband is still waiting for any decision regarding a payment. He applied for DA in Dec 2011 - refused May 2012 - sent in additional medical reports to Longford - refused again in Nov 2012 - the next step was to appeal. Appeal allowed July 2013 and file returned to Longford but still nothing is happening .. in 6 weeks from now it'll have been two years in process !!
Just wondering has anyone else had a similar experience ?

CZ 453

Pollyanna306 wrote: »

Its unbelievable how this system treats vulnerable members of our society......my husband is still waiting for any decision regarding a payment. He applied for DA in Dec 2011 - refused May 2012 - sent in additional medical reports to Longford - refused again in Nov 2012 - the next step was to appeal. Appeal allowed July 2013 and file returned to Longford but still nothing is happening .. in 6 weeks from now it'll have been two years in process !!
Just wondering has anyone else had a similar experience ?

This appears to be the norm.

http://www.irishexaminer.com/ireland/over-half-of-disability-allowances-not-granted-220845.html

jack7

you should consider going to a TD in your area, they should be able to get some sort of information for you. That's ridiculous, they are supposed to have taken on more staff to get through the applications and appeals.

Pollyanna306

Thanks Jack, We went to two local TD's on different occasions last year and one of them did write to the department but really only got the same information as they did.
We just found out today that the file is now with a local social welfare inspector who will visit our home in the next few weeks...hopefully to do a means assessment.

Dumb1

Hi There did you get the DA, I have just applied as my injury benefit ran out and I don't have the PRSI contributions from 2011 to qualify for IB but not fit for work.

Pollyanna306

Hi, Still waiting to be awarded the DA claim after nearly two years of process including going through the Appeals Office. Hopefully you'll have a better outcome since you've already been in the system although I don't know what others might suggest but I would advise you to keep copies and dates of all correspondence and bring these to your local community welfare officer as you may qualify for an interim supplementary welfare payment while you are waiting. It could be long wait. Unfortunately we didn't qualify for this as I was working part time !

jack7

I was refused because of our means, told my nice lady on 1890 number to sent back mortgage repayments etc for review. it only took 3 weeks but unfortunately, it refused again. They go by my husband's Gross pay, not the Net pay when there is a load of deductions taken out. I was thinking of sending it for appeal now. We are barely surviving week to week and I am not fit to work

LegacyUser

I'm only getting mine now my doctor put in for mine and that was a long time ago