How To Appeal Disability Allowance

20784

Hi, i have long time health problems since 2009, did my first and second surgery some weeks ago, still on medication. Social welfare advised me to apply for disability allowance, currently on basic sup.

I finally applied for the Disability allowance in April, got a letter this morning saying i'm refused, but i should send more medical documents and they can review the initial decision, or i should appeal the decision within 21 days.

The refusal letter attached with a separate letter stated ''Although your medical evidence shows a level of incapacity, it does not show substantial restriction in undertaking suitable employment or training''

Would like to ask, do i need to just appeal straight away and send in my previous documents that i submitted or i should send recent medical documents only?

Also do i need solicitor to appeal this for me?

Thanks

Greenmachine

You could return to your GP and any consultants you have and have them specifically state how your illness or disability effect your ability to work and how your situation can not be easily be accommodated.

20784 wrote: »

Hi, i have long time health problems since 2009, did my first and second surgery some weeks ago, still on medication. Social welfare advised me to apply for disability allowance, currently on basic sup.

I finally applied for the Disability allowance in April, got a letter this morning saying i'm refused, but i should send more medical documents and they can review the initial decision, or i should appeal the decision within 21 days.

The refusal letter attached with a separate letter stated ''Although your medical evidence shows a level of incapacity, it does not show substantial restriction in undertaking suitable employment or training''

Would like to ask, do i need to just appeal straight away and send in my previous documents that i submitted or i should send recent medical documents only?

Also do i need solicitor to appeal this for me?

Thanks

20784

Greenmachine wrote: »

You could return to your GP and any consultants you have and have them specifically state how your illness or disability effect your ability to work and how your situation can not be easily be accommodated.

What i don't understand in the refusal letter is where they wrote:

''If you consider this decision is incorrect, it is open to you to send any further documentary evidence that you think is relevant to your case to this Office within 21 days, and the decision will be reviewed by a Deciding Officer''

''If you are not satisfied with the decision, you may appeal against it in writing to the Chief Appeals Officer, Social Welfare Appeals Office, D'Olier House, Dublin 2 within 21 days, stating clearly the grounds of your appeal.''

My question is, if i did not appeal the decision but if i send in further documentary evidence, will i still be allowed to appeal? Or i won't be able to appeal after sending in further documents now?

Greenmachine

In the first instance, you can send in additional supplementary information, that would better support your case. It also give me more time worst case scenario, if you have to appeal it. When you appeal, i goes to the appeals office, where your entire file is reviewed again. You can, if I remember correctly continue to gather evidence, which you can submit with your appeal. My understanding is they refuse absolutely all claims first time now. Why is open to interpretation. You very well could have submitted enough evidence to support your case as is, and now they are just going through the motions. However gather everything you can, and have consultant explicitly state that, you illness is substantial enough to interfere with your ability to work.

Seem some criteria has changed since, I had applied some year ago. Then the criteria, was incapable of doing work, you would otherwise be qualified to do. Now there seem to have moved toward, examining retraining, which is not necessarily a bad thing. No one here can obviously say if something like that was suitable for you.

20784 wrote: »

What i don't understand in the refusal letter is where they wrote:

''If you consider this decision is incorrect, it is open to you to send any further documentary evidence that you think is relevant to your case to this Office within 21 days, and the decision will be reviewed by a Deciding Officer''

''If you are not satisfied with the decision, you may appeal against it in writing to the Chief Appeals Officer, Social Welfare Appeals Office, D'Olier House, Dublin 2 within 21 days, stating clearly the grounds of your appeal.''

My question is, if i did not appeal the decision but if i send in further documentary evidence, will i still be allowed to appeal? Or i won't be able to appeal after sending in further documents now?

20784

Greenmachine wrote: »

In the first instance, you can send in additional supplementary information, that would better support your case. It also give me more time worst case scenario, if you have to appeal it. When you appeal, i goes to the appeals office, where your entire file is reviewed again. You can, if I remember correctly continue to gather evidence, which you can submit with your appeal. My understanding is they refuse absolutely all claims first time now. Why is open to interpretation. You very well could have submitted enough evidence to support your case as is, and now they are just going through the motions. However gather everything you can, and have consultant explicitly state that, you illness is substantial enough to interfere with your ability to work.

Seem some criteria has changed since, I had applied some year ago. Then the criteria, was incapable of doing work, you would otherwise be qualified to do. Now there seem to have moved toward, examining retraining, which is not necessarily a bad thing. No one here can obviously say if something like that was suitable for you.

Thanks, maybe i should send in more documents and expect second refusal, then i will appeal after then.?

Greenmachine

Only other thing I can think of looking into support groups, particularly if you disability is caused by a congenital condition. Other sufferers may be able to offer you an indication on the level of supporting documentation they were required to produce to enable a successful claim. Remember prepare for the worst and hope for the best.

Annasopra

INOU welfare rights service is fantastic for supporting people in social welfare appeals

I would highy reccomend it - DO NOT waste money on a solictor

http://www.inou.ie/contact/appeal-enquiry.html

ring them on 01 8560088

20784

Joeytheparrot wrote: »

INOU welfare rights service is fantastic for supporting people in social welfare appeals

I would highy reccomend it - DO NOT waste money on a solictor

http://www.inou.ie/contact/appeal-enquiry.html

ring them on 01 8560088

Absolutely great! I've contacted them, they've agreed to assist me, however, they're asking me if i wish to appeal or send in more documents first. But i am confused here. I don't know if i should send in more documents or i should appeal the decision straight. Though i've told my new GP and he has requested for my records from my specialist & hospital.. :mad:

20784

Does anyone know how long review of disability allowance takes? I mean review after first refusal?

livemusic4life

You are definitely better to supply more evidence. Make sure all doctors letters state this condition will last a minimum of12 months, or is not fit for work for a minimum of12 months. Very important. you will be able to appeal at a later date. Make sure you include a sample diary. 3 or 4 days typical in your life. They can only go on the evidence you provide, you have to assume you will be turned down. It's your job to prove it. If you are refused again once they've read your supporting documentation, then ask for an oral review. They will see you in person.

20784

livemusic4life wrote: »

You are definitely better to supply more evidence. Make sure all doctors letters state this condition will last a minimum of12 months, or is not fit for work for a minimum of12 months. Very important. you will be able to appeal at a later date. Make sure you include a sample diary. 3 or 4 days typical in your life. They can only go on the evidence you provide, you have to assume you will be turned down. It's your job to prove it. If you are refused again once they've read your supporting documentation, then ask for an oral review. They will see you in person.

Just got refuse this morning. I have decide to appeal the decision. However, an organisation willing to assist me with the appeal but they asked me to request copy of my file at my local CWO, i rang my local CWO but they don't understand me.

Anyone know where and how to request copy of my file at social welfare?

livemusic4life

20784 wrote: »

Just got refuse this morning. I have decide to appeal the decision. However, an organisation willing to assist me with the appeal but they asked me to request copy of my file at my local CWO, i rang my local CWO but they don't understand me.

Anyone know where and how to request copy of my file at social welfare?

Would that be a freedom of information request?

20784

livemusic4life wrote: »

Would that be a freedom of information request?

Yes it is, just confirmed now. I'll do that tomorrow. Any idea how long to get appeal decision? Oral Hearing is better?

livemusic4life

20784 wrote: »

Yes it is, just confirmed now. I'll do that tomorrow. Any idea how long to get appeal decision? Oral Hearing is better?

I don't know how the time scales work lately. But make sure you request an oral hearing. You will be seen by one of the department doctors. Better than some pencil pusher deciding your fate

20784

livemusic4life wrote: »

I don't know how the time scales work lately. But make sure you request an oral hearing. You will be seen by one of the department doctors. Better than some pencil pusher deciding your fate

Hi livemusic4life,

Just came back from my GP now and she said she can't give me letter to support the appeal, she said if the appeal department need anything they should contact her directly. :mad: . Little did she know that i have changed to a new GP close to my house, got new medical card for my new GP, but i only went to this GP since my new GO have not ask her for my file. I don't get it why she

Does it mean my appeal will be refused since the this GP refuse to give me letter to support the appeal despite she's aware of my long time injury frequency? Though an organisation inou have decided to take up my appeal, however, i fear it might still be refused without GP's letter stating i'm unfit to work for at least 12 months, since thats the magic word to my understanding on this forum? or i should just give up? :mad: What do you think?

livemusic4life

20784 wrote: »

Hi livemusic4life,

Just came back from my GP now and she said she can't give me letter to support the appeal, she said if the appeal department need anything they should contact her directly. :mad: . Little did she know that i have changed to a new GP close to my house, got new medical card for my new GP, but i only went to this GP since my new GO have not ask her for my file. I don't get it why she

Does it mean my appeal will be refused since the this GP refuse to give me letter to support the appeal despite she's aware of my long time injury frequency? Though an organisation inou have decided to take up my appeal, however, i fear it might still be refused without GP's letter stating i'm unfit to work for at least 12 months, since thats the magic word to my understanding on this forum? or i should just give up? :mad: What do you think?

I think your gp is just following the rules. She will have marked down how long you are unfit for work on the doctors section of the form. It's specialists they want supporting documentation from. Physios, occupational therapists, specialists, a diary outlining a sample few days of your life. GPS get paid well if the department officially asks for reports. She'll get nothing if your gp jumps in there. Don't take it too personally.

20784

livemusic4life wrote: »

I think your gp is just following the rules. She will have marked down how long you are unfit for work on the doctors section of the form. It's specialists they want supporting documentation from. Physios, occupational therapists, specialists, a diary outlining a sample few days of your life. GPS get paid well if the department officially asks for reports. She'll get nothing if your gp jumps in there. Don't take it too personally.

The GP that completed the DA form is another GP, i just move so i change to this GP who does not want to give me letter, i have change to another GP from the GP that does not want to give me letter, meaning i have change two GP within a short while. I've never ask my new GP anything yet cause they're still working on to request my file. So, the first GP that completed my form did not specifically state how long my injury will last, he only wrote ''unknown'', coupled with the fact that he knew that i've suffered for this for over 6 years. He ticked everything ''moderate''

I have specialist in Dublin mater hospital, but the problem is if i wish to go there to get letter they don't attend to patient without booking appointment, the worst is their appointment could take 2 months or even more.

livemusic4life

20784 wrote: »

The GP that completed the DA form is another GP, i just move so i change to this GP who does not want to give me letter, i have change to another GP from the GP that does not want to give me letter, meaning i have change two GP within a short while. I've never ask my new GP anything yet cause they're still working on to request my file. So, the first GP that completed my form did not specifically state how long my injury will last, he only wrote ''unknown'', coupled with the fact that he knew that i've suffered for this for over 6 years. He ticked everything ''moderate''

I have specialist in Dublin mater hospital, but the problem is if i wish to go there to get letter they don't attend to patient without booking appointment, the worst is their appointment could take 2 months or even more.

Changing GPs like that looks suspicious to the welfare dept. That's why they ask how long your gp has been your gp. It's easier to fool a new go than your old. I'm not implying that you are but is how the welfare dept look at it.

20784

livemusic4life wrote: »

Changing GPs like that looks suspicious to the welfare dept. That's why they ask how long your gp has been your gp. It's easier to fool a new go than your old. I'm not implying that you are but is how the welfare dept look at it.

Changing of my GP twice was due to the availability notification from the GP that is close to my house. The changing of the first one was due to change of location which i notified the DSP. People who does that to cheat the system will definitely get caught one day.

20784

Got acknowledgement for my appeal few days ago. I requested for oral hearing, but would they say no to my oral hearing??.

Annasopra

20784 wrote: »

Got acknowledgement for my appeal few days ago. I requested for oral hearing, but would they say no to my oral hearing??.

They could yes.

livemusic4life

20784 wrote: »

Got acknowledgement for my appeal few days ago. I requested for oral hearing, but would they say no to my oral hearing??.

I have never heard of them refusing. Did you ask for an oral review or oral hearing? Just that they might deem those differently

20784

livemusic4life wrote: »

I have never heard of them refusing. Did you ask for an oral review or oral hearing? Just that they might deem those differently

Sent in more documents for review but was refused and told to appeal the review decision. Sent in appeal and i've requested for oral hearing, i've got acknowledgement appeal is received in Dublin . Wondering if they will reject my oral hearing request?

livemusic4life

20784 wrote: »

Sent in more documents for review but was refused and told to appeal the review decision. Sent in appeal and i've requested for oral hearing, i've got acknowledgement appeal is received in Dublin . Wondering if they will reject my oral hearing request?

I'll keep my fingers crossed that they don't. Obviously the advice i had been giving now seems to be in the irrelevant basket. Things change all the time. hard to get an inside source.

20784

What should one do in this circumstances:

Applied for Disability Allowance, appealed and awaiting hearing date. In the process of awaiting hearing date, two child of the disability allowance applicant got approved for domiciliary care allowance. Will this affect the disability allowance applicant's appeal application or current swp?

20784

What should one do in this circumstances:

Applied for Disability Allowance, appealed and awaiting hearing date. In the process of awaiting hearing date, two child of the disability allowance applicant got approved for domiciliary care allowance. Will this affect the disability allowance applicant's appeal application or current swp?

Alan2017

Any update about your disability application.

mb1725

http://www.boards.ie/vbulletin/showthread.php?p=100438828