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Disability Allowance Appeal

  • 13-11-2017 4:08pm
    #1
    Registered Users, Registered Users 2 Posts: 22


    Hello, I have been ill for quite some time and it shows no sign of going away. I have been handing in MC2 certs to my CWO initially every week but now every month for over 2 years.
    I suffer from severe anxiety and depression since childhood. I take antidepressants for this. On top of that I was diagnosed with a prolactinoma which has caused me all sorts of hormonal issues. I take medication for this also. Steadily over the last few years my physical health has declined. I am in my late twenties but feel much much older. I have constant pains all over but it is worse particularly in my upper body, arms and hands. I have had pyhsio to help with my neck and arm pains which has not helped. I suffer from poor concentration and memory issues. Where before in college a few years ago it was incredibly sharp even though I was dealing with a lot of stuff at the time. I have a pounding headache every single day. On top of that I struggle to leave the house on my own due to my anxiety which as I have began to feel physically worse has grown terribly. I have complained of these symptoms for years to doctors including to my endocrinologists. I worked up the courage earlier this year to seek help for my mental illness and met with a psychiatrist who referred me for anxiety management and I think also CBT. I completed the one on one anxiety management and should be attending group sessions soon, which by the way, I am terrified of but I want my life to get better. I want to try.

    My CWO sent me out an application form for Disability Allowance earlier in the year. I filled it out detailing my struggles and sent it off. Last week I received a letter saying my application has been refused. It also says "Although the medical evidence shows a level of incapacity it does not show substantial restriction which would preclude the person from taking up work."


    How can someone who is in constant physical pain, who can't leave the house work? I really don't understand this and I have been extremely anxious since receiving the letter. If I could work I would. I don't like being ill,poor and having no social life...
    Also on the application form where it asks about mental condition, severe was ticked by the doctor. Yet apparently I am mentally healthy enough to work?
    The letter says I can appeal which I must do.
    Should I have had my GP write a letter as well besides just filling out their part of the form? I am seeing my GP this afternoon which I am very nervous about and I am going to ask for a copy of my file and a letter from him. Should I also try to get a letter or a copy of my file from my endocrinologists from when I complained nearly 3 years ago about my issues? I saw a new endocrinologist by mistake earlier in the year. I was accidentally referred! When I went through the whole tell me what's wrong and any other issues and I told him everything he took me seriously and suggested I might have chronic fatigue and fibromyalgia and wants to do tests. I already gave them quite a lot of blood for testing and will know results in December. I cried with relief that someone cared enough and took me seriously because my other endo clinic, when I said I was extremely low energy can't concentrate etc I was brushed off with "Well, that's quite a common complaint." I am not sure what to do and any help would be very very much appreciated.

    I have seen on this forum people saying they purposefully deny you on first application so that you will appeal. Is this true?

    Sorry for the long waffling post. If you made it to the end thank you for your patience.


Comments

  • Registered Users, Registered Users 2 Posts: 40,291 ✭✭✭✭Gatling


    By all means appeal ,but there's still chance or will be denied again ,
    You need all the evidence to back up the claim too


  • Registered Users, Registered Users 2 Posts: 22 MiyakoCat


    I went to the doctors and although I made an appointment with my GP it was a different doctor that works at the clinic that saw me. He didn't know what I was talking about in regards to a letter. He was confused about what I needed. This might be due to the fact it was his first time seeing me and he is foreign so he might not understand the system or whatever. When I tried to explain I rather embarrassingly became chocked up. Anyway, incredibly stressful and I am still without a letter. Though he did print out a little information sheet about me but it hasn't been updated since last year...
    I went to ask for a copy of my files at the front desk and I was told I wasn't allowed them. I told the receptionist what I needed them for and she said the people in charge of appeals and disability claims would need to request them. I wasn't allowed them. Is this true? I'm really not allowed my own files on my own personal health? Anyway I asked if I could make an appointment with my doctor and was told I'd have to ring Monday morning next week as he was all booked up this week. I'm not a very assertive person so I was unable to convey that they appeals office wouldn't be requesting information because they probably don't care enough. It's on the head of the person applying/appealing for disability allowance.

    I am now worried that the information I need wont be given to me. I saw on other forums that I should probably get letters from my specialist and the psychiatrist and counselor I saw.

    Has anyone else had experience with this and and advice?


  • Closed Accounts Posts: 1,184 ✭✭✭Spirogyra


    I think bringing someone with you, someone who is more assertive maybe, to the appeal could be a big help. Someone from a Support Organisation of some form, are you a member of any ? Grow or Aware ? or a Social Services Centre?. Is there anyone from the 'services' that you have been attending who would be willing ?.

    Sorry to hear of your difficulties, I know anxiety is 'horrible'. I've been dealing with it for about 20 years and probably longer. I don't really think anxiety can be 'cured' but you can learn to manage it sufficiently to attain a fairly good quality of life. That's my experience anyway. Hang in there and do maintain contact with 'services'. Don't deal with it alone, hugs :) S


  • Closed Accounts Posts: 789 ✭✭✭Turnipman


    Go to your local Citizens Information Office and ask them to help you to make the appeal. Bring any relevant correspondence with you.

    BE SURE TO LODGE YOUR APPEAL IN WITHIN THE 21 DAY PERIOD - you don't need to send in the material that will form your appeal, just write a note saying that you will provide the grounds for an appeal at a later date.

    This link is to the appeal form to use:- http://sowa.dev.fbi.ie:32445/uploads/SWAO1.pdf


  • Registered Users, Registered Users 2 Posts: 22 MiyakoCat


    Spirogyra wrote: »
    I think bringing someone with you, someone who is more assertive maybe, to the appeal could be a big help. Someone from a Support Organisation of some form, are you a member of any ? Grow or Aware ? or a Social Services Centre?. Is there anyone from the 'services' that you have been attending who would be willing ?.

    Sorry to hear of your difficulties, I know anxiety is 'horrible'. I've been dealing with it for about 20 years and probably longer. I don't really think anxiety can be 'cured' but you can learn to manage it sufficiently to attain a fairly good quality of life. That's my experience anyway. Hang in there and do maintain contact with 'services'. Don't deal with it alone, hugs :) S

    Thank you for your kind reply! I have been beside myself and yesterday I was crying to my sister about the whole thing. I don't know if I will have to attend an oral hearing but if I do my father would probably like to support me. He has been very good these last few years bringing me to appointments and such. I think I would be most comfortable with him there because where I am very quiet and not assertive he is the opposite! :)

    I agree, I don't think that anxiety or depression can be cured. I know from my own personal experience and from seeing others it's something you have to live with your whole life. I know for some people there are ways of managing it. I really would like to overcome a lot of my issues that I have. I would love to be more independent and not be afraid to go places on my own etc

    Thank you again for replying. :)


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  • Registered Users, Registered Users 2 Posts: 22 MiyakoCat


    Turnipman wrote: »
    Go to your local Citizens Information Office and ask them to help you to make the appeal. Bring any relevant correspondence with you.

    BE SURE TO LODGE YOUR APPEAL IN WITHIN THE 21 DAY PERIOD - you don't need to send in the material that will form your appeal, just write a note saying that you will provide the grounds for an appeal at a later date.

    This link is to the appeal form to use:- http://sowa.dev.fbi.ie:32445/uploads/SWAO1.pdf

    Thank you for replying and the help! My sisters partner is posting the appeal form for me later today with a note attached that I will send further information down the line. I spent a long time writing out my reasons last night I had to take frequent breaks because of issues with my hands. Twas quite a pain but I hope they take me seriously.
    I will see about going to Citizens Information as well. I will need someone to come with me.

    Thanks again for the helpful reply!


  • Closed Accounts Posts: 789 ✭✭✭Turnipman


    MiyakoCat wrote: »
    Thank you for replying and the help! My sisters partner is posting the appeal form for me later today with a note attached that I will send further information down the line. I spent a long time writing out my reasons last night I had to take frequent breaks because of issues with my hands. Twas quite a pain but I hope they take me seriously.
    I will see about going to Citizens Information as well. I will need someone to come with me.

    Thanks again for the helpful reply!

    Sorry to depress you further, but simply listing out the reasons why you believe that you should get the allowance is unlikely to be sufficient on its own to win the appeal. You'll probably need a consultant's letter/report. That's why it is imperative that you get Citizens Info to help you put your case together as they know how the system works. They will also represent you at the appeal, if you ask them to.


  • Registered Users, Registered Users 2 Posts: 22 MiyakoCat


    Turnipman wrote: »
    Sorry to depress you further, but simply listing out the reasons why you believe that you should get the allowance is unlikely to be sufficient on its own to win the appeal. You'll probably need a consultant's letter/report. That's why it is imperative that you get Citizens Info to help you put your case together as they know how the system works. They will also represent you at the appeal, if you ask them to.

    Oh yes I realise this but thank you for the heads up! I included a copy of a letter from one of my endocrinologists to my GP that detailed my health issues. I am going to be sending on further documentation as well and put a note of it as you advised me in the with the appeal form. I just wanted to lodge the appeal as soon as possible and then I did see on the official website that you could send on further information. I will get in touch with citizens information this week. Thank you for taking the time to reply I really appreciate it. :)


  • Closed Accounts Posts: 4,030 ✭✭✭njs030


    Yes it's important that there's medical proof of why you are unable to work.
    Send on as much information as possible, just remember to attach your pps number to each piece of information you send!


  • Registered Users, Registered Users 2 Posts: 22 MiyakoCat


    Yes it's important that there's medical proof of why you are unable to work.
    Send on as much information as possible, just remember to attach your pps number to each piece of information you send!

    Thanks for the reply and the help I will be sure to do that!


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  • Registered Users, Registered Users 2 Posts: 1,114 ✭✭✭trixiebust


    Hi Miyako Cat.

    I'm in the same position, had been handing in monthly certs etc, & applied for DA too. Got the same letter as you today, refusing my application. Even on my own application my doctor had stated " currently incapable of full time employment ".

    I spent days filling out the forms, spent €30 odd on photocopies of my application, going to doctors for form after form etc. Going to the doctor is a task for me in itself, all for it to be rejected. Disheartening & upsetting to say the least, particularly when I'm as low as I have ever been before.

    So now, exasperated & exhausted, I must summon some courage from somewhere to fight my corner again. Keep us informed how you get on, & don't give up!!


  • Closed Accounts Posts: 1,184 ✭✭✭Spirogyra


    It never ceases to amaze me how 'a penpusher' in an office can overrule a doctor who actually knows you. That's why a companion to the 'hearing ' is important, someone who can challenge this.


  • Registered Users, Registered Users 2 Posts: 40,291 ✭✭✭✭Gatling


    Spirogyra wrote: »
    It never ceases to amaze me how 'a penpusher' in an office can overrule a doctor who actually knows you. That's why a companion to the 'hearing ' is important, someone who can challenge this.

    The problem is where and when someone isn't capable of working ,
    When it comes to gp's they only go by what a patient says or asks to say on their behalf,
    There should be very few conditions that stop someone taking up full or part time employment


  • Closed Accounts Posts: 1,184 ✭✭✭Spirogyra


    Gatling wrote: »
    The problem is where and when someone isn't capable of working ,
    When it comes to gp's they only go by what a patient says or asks to say on their behalf,
    There should be very few conditions that stop someone taking up full or part time employment

    I think a G.P. or other Health Care Professionals know a great deal more about a person than 'someone in an office' a hundred miles away. I know that G.P.'s in some cases can write letters a little bit easily, so maybe somebody a bit more 'specialised' would be required but that is happening in the case of the OP. I've battled as best I can through pretty overwhelming levels of anxiety for nigh on 2 decades. It seriously interferes with life, not just one's ability to work. There's no way that someone in an office a long way away, would be able to 'understand this'.


  • Registered Users, Registered Users 2 Posts: 4,257 ✭✭✭chicorytip


    MiyakoCat wrote:
    I am now worried that the information I need wont be given to me. I saw on other forums that I should probably get letters from my specialist and the psychiatrist and counselor I saw.

    MiyakoCat wrote:
    Has anyone else had experience with this and and advice?


    Were you requested to attend a medical examination at your local social welfare centre? I thought this was part of the process. A consultants letter should be sufficient to win an appeal. Most applications for D.A. are refused anyway due to lack of sufficient documentary evidence but most appeals are usually successful. The deciding officers in the Dept. are in fact medical doctors and not just ordinary civil servants.


  • Closed Accounts Posts: 4,030 ✭✭✭njs030


    Spirogyra wrote: »
    I think a G.P. or other Health Care Professionals know a great deal more about a person than 'someone in an office' a hundred miles away. I know that G.P.'s in some cases can write letters a little bit easily, so maybe somebody a bit more 'specialised' would be required but that is happening in the case of the OP. I've battled as best I can through pretty overwhelming levels of anxiety for nigh on 2 decades. It seriously interferes with life, not just one's ability to work. There's no way that someone in an office a long way away, would be able to 'understand this'.

    There are medical examiners in the disability offices who look at applications too.

    Remember every application has a doctors letter attached so going with the theory that a doctor knows best means every single application would be approved... That's not sustainable the specialist is the person in the office who decides if the person meets the criteria.


  • Registered Users, Registered Users 2 Posts: 22 MiyakoCat


    trixiebust wrote: »
    Hi Miyako Cat.

    I'm in the same position, had been handing in monthly certs etc, & applied for DA too. Got the same letter as you today, refusing my application. Even on my own application my doctor had stated " currently incapable of full time employment ".

    I spent days filling out the forms, spent €30 odd on photocopies of my application, going to doctors for form after form etc. Going to the doctor is a task for me in itself, all for it to be rejected. Disheartening & upsetting to say the least, particularly when I'm as low as I have ever been before.

    So now, exasperated & exhausted, I must summon some courage from somewhere to fight my corner again. Keep us informed how you get on, & don't give up!!

    Thank you for the reply! I'm sorry to see you are in the same boat as me! It's extremely disheartening and upsetting I agree. I have been even more of an anxious mess than usual! I am terrible at going to the doctors as well. I usually need someone with me.
    My father is visiting and he is going to help me out. He wanted me to apply for DA a year ago but with all things I was afraid. I read stories of people who genuinely couldn't work being denied. I decided to put it off as long as possible until my CWO sent me the form saying I had to apply for it and here I am.

    I wish you all the best with yours too. I will keep you updated and please you do the same!


  • Registered Users, Registered Users 2 Posts: 22 MiyakoCat


    chicorytip wrote: »
    Were you requested to attend a medical examination at your local social welfare centre? I thought this was part of the process. A consultants letter should be sufficient to win an appeal. Most applications for D.A. are refused anyway due to lack of sufficient documentary evidence but most appeals are usually successful. The deciding officers in the Dept. are in fact medical doctors and not just ordinary civil servants.

    Thanks for replying. I wasn't requested for a medical examination no. I didn't give any documents at all with my first application, I literally just filled out my form and got my GPs office to tick the boxes on his end. I am starting to see this was a big mistake!


  • Registered Users, Registered Users 2 Posts: 619 ✭✭✭hawthorne


    chicorytip wrote: »
    Were you requested to attend a medical examination at your local social welfare centre? I thought this was part of the process. A consultants letter should be sufficient to win an appeal. Most applications for D.A. are refused anyway due to lack of sufficient documentary evidence but most appeals are usually successful. The deciding officers in the Dept. are in fact medical doctors and not just ordinary civil servants.

    The deciding officer is just a civil servant-NOT a medical doctor.
    He makes his decision based on all the information he has on the case. The person who carries out the medical examination at one of the examination centres around the country is in fact a real medical doctor. The deciding officer takes his view into account. But it is not the only criteria his decision is based on.


  • Registered Users, Registered Users 2 Posts: 1,114 ✭✭✭trixiebust


    MiyakoCat wrote: »
    Thank you for the reply! I'm sorry to see you are in the same boat as me! It's extremely disheartening and upsetting I agree. I have been even more of an anxious mess than usual! I am terrible at going to the doctors as well. I usually need someone with me.
    My father is visiting and he is going to help me out. He wanted me to apply for DA a year ago but with all things I was afraid. I read stories of people who genuinely couldn't work being denied. I decided to put it off as long as possible until my CWO sent me the form saying I had to apply for it and here I am.

    I wish you all the best with yours too. I will keep you updated and please you do the same!

    I have my wife fighting my corner, it's good you do too. I broke down in tears during my medical assessment. The anxiety & stress of engaging with SW during this process has made me sicker. The examination itself - it's 20 minutes of box ticking.

    Very much like you OP, I was afraid of applying for DA, with all the horror stories from previous applicant's. Seems it's a tough fight.


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  • Registered Users, Registered Users 2 Posts: 22 MiyakoCat


    trixiebust wrote: »
    I have my wife fighting my corner, it's good you do too. I broke down in tears during my medical assessment. The anxiety & stress of engaging with SW during this process has made me sicker. The examination itself - it's 20 minutes of box ticking.

    Very much like you OP, I was afraid of applying for DA, with all the horror stories from previous applicant's. Seems it's a tough fight.

    I'm glad you have some support! Hang in there! This week I will be getting letters and things from people. I'm very nervous about the whole thing. Once it's done it's done I suppose just gotta get through the week. I am glad to have my father with me though!


  • Registered Users, Registered Users 2 Posts: 22 MiyakoCat


    I received a letter today from the appeals office today saying my appeal is allowed! I was shaking when I got the letter. My sister offered to read it for me I was so nervous! I cried with relief when I saw they allowed the appeal. The letter states that they believe I am unable to work mentally or physically for the foreseeable future. They have sent a copy of their decision to the Disability Allowance Section.

    Does anyone know how long I will be waiting to hear from them? Does this mean I will definitely start receiving DA in the near future?


  • Closed Accounts Posts: 1,184 ✭✭✭Spirogyra


    MiyakoCat wrote: »
    I received a letter today from the appeals office today saying my appeal is allowed! I was shaking when I got the letter. My sister offered to read it for me I was so nervous! I cried with relief when I saw they allowed the appeal. The letter states that they believe I am unable to work mentally or physically for the foreseeable future. They have sent a copy of their decision to the Disability Allowance Section.

    Does anyone know how long I will be waiting to hear from them? Does this mean I will definitely start receiving DA in the near future?
    You should hear from them within a few weeks I'm happy for you :)


  • Registered Users, Registered Users 2 Posts: 9,420 ✭✭✭splinter65


    MiyakoCat wrote: »
    I received a letter today from the appeals office today saying my appeal is allowed! I was shaking when I got the letter. My sister offered to read it for me I was so nervous! I cried with relief when I saw they allowed the appeal. The letter states that they believe I am unable to work mentally or physically for the foreseeable future. They have sent a copy of their decision to the Disability Allowance Section.

    Does anyone know how long I will be waiting to hear from them? Does this mean I will definitely start receiving DA in the near future?

    You have fulfilled the medical criteria of the application.
    The application has been returned to Longford where they will do the means test and check out the rest of your details and all being well you should hear from them in the next month or so.
    If/when you are awarded you will get a new PSC in the post which has FT in the top left hand corner (free travel ).
    You might be also entitled to the Living Alone Increase, Household Benefits Package , Fuel Allowance (depending on who you live with).


  • Registered Users, Registered Users 2 Posts: 22 MiyakoCat


    Spirogyra wrote: »
    You should hear from them within a few weeks I'm happy for you :)

    Thank you! :)


  • Registered Users, Registered Users 2 Posts: 22 MiyakoCat


    splinter65 wrote: »
    You have fulfilled the medical criteria of the application.
    The application has been returned to Longford where they will do the means test and check out the rest of your details and all being well you should hear from them in the next month or so.
    If/when you are awarded you will get a new PSC in the post which has FT in the top left hand corner (free travel ).
    You might be also entitled to the Living Alone Increase, Household Benefits Package , Fuel Allowance (depending on who you live with).

    Oh I see, thank you very much for the reply and the information. :)


  • Registered Users, Registered Users 2 Posts: 8 Whakairo


    Thanks so much for this thread, and to everyone who contributed.

    I'm in the same boat - my appeal was allowed early Feb. The relief you described when your appeal was allowed was exactly mine too.

    It's such a daunting, stressful process and it feels like being kept in the dark and strung along unnecessarily at times.

    Would you mind letting me know when you go into payment so I've an idea how long I should expect to wait.

    Thanks again.


  • Registered Users, Registered Users 2 Posts: 22 MiyakoCat


    Whakairo wrote: »
    Thanks so much for this thread, and to everyone who contributed.

    I'm in the same boat - my appeal was allowed early Feb. The relief you described when your appeal was allowed was exactly mine too.

    It's such a daunting, stressful process and it feels like being kept in the dark and strung along unnecessarily at times.

    Would you mind letting me know when you go into payment so I've an idea how long I should expect to wait.

    Thanks again.

    Hello!
    I agree, it is such a stressful thing to go through! I received a letter last week saying payment would start the 6th of March for me. I hope you hear from them very soon.


    All the best.


  • Registered Users, Registered Users 2 Posts: 8 Whakairo


    MiyakoCat wrote: »
    Hello!
    I agree, it is such a stressful thing to go through! I received a letter last week saying payment would start the 6th of March for me. I hope you hear from them very soon.


    All the best.

    Thanks so much for getting back to me! At least I have a time frame now.

    I'm honestly so grateful for your post. It's made me feel less alone in this. I wish I'd thought to check boards earlier in the process.

    Best wishes


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