Refused Disability Allowance for the 2nd time

Patient11

I've just been refused Disability Allowance for the 2nd time without being given a reason.

I thought they may have refused me the first time just make sure I was genuine.

Not sure what else I can do I gave them all my medical records including a letter from GP stating that I'm not well enough to work at this time due to a serious illness.

I find it very strange they didn't even call me into an interview so I could explain why I can't work at this time.

Can anyone advise me on what I should do next ?

I'm thinking maybe I should go to my local TD.

splinter65

Is it the case that you were refused and you appealed and your appeal has been turned down?
Or did you apply, were turned down and applied again and were refused a second time?
They don’t refuse people as a way of sorting out the spoofers by the way, that’s an urban myth.

Patient11

splinter65 wrote: »

Is it the case that you were refused and you appealed and your appeal has been turned down?
Or did you apply, were turned down and applied again and were refused a second time?
They don’t refuse people as a way of sorting out the spoofers by the way, that’s an urban myth.

It's my second time applying I didn't appeal the decision when I was first refused a few years ago.

splinter65

Patient11 wrote: »

It's my second time applying I didn't appeal the decision when I was first refused a few years ago.

So the refusal letter you got today told you that you didn’t get it because you don’t meet the medical criteria.
Appeal it immediately to the Appeals office in Dublin. If you have a specialist treating you ask him/her for an up to date report. If you have a social worker or any other agency working with you ask them for a letter stating why you cannot go to work.
Most mportant of all write a letter from yourself telling them exactly why your illness prevents you from being available for work.
Start writing this letter and leave it and come back to it over a few days as you think of things especially when you get up in the mornings. Tell them everything.
In your appeal make it clear that you are available for an oral appeal.

banie01

splinter65 wrote: »

.
In your appeal make it clear that you are available for an oral appeal.

I don't have anymore advice for the OP.
But, I would like to just go on record and thank Splinter65 for the conscientious and practical advice they seem to offer on matters like this.
It really means a lot to see advice offered in such a practical manner.

Thanks Splinter65, you help more folk than just those asking the original question.

Squatter

Patient11 wrote: »

I'm thinking maybe I should go to my local TD.

That really depresses me. TDs have absolutely no influence on the DSP when it comes to things like this. Repeat, zilch influence. Don't do it - please!

All that you'll be doing is creating more work for some of the staff in the DA unit (who are probably already stretched due to holiday and term time work absences), so all you'll be doing is delaying them in processing applications from other people who are probably in as bad a financial situation as you are.

Use the appeal process - that's why it's there - (and you really should have used it last time around if you genuinely believed that you were eligible for DA.)

You could also try your local Citizens Information Office who offer an Advocacy Service for people in a situation like yours and who can accompany and represent you at an oral appeal hearing. And do as Splinter suggests by keeping a detailed diary of your day to day routine; that should make it reasonably clear for the appeal as to how exactly how disabled you are.

splinter65

banie01 wrote: »

I don't have anymore advice for the OP.
But, I would like to just go on record and thank Splinter65 for the conscientious and practical advice they seem to offer on matters like this.
It really means a lot to see advice offered in such a practical manner.

Thanks Splinter65, you help more folk than just those asking the original question.

Sure it’s no bother everyone needs help from time to time.

Patient11

Anyone know anything about this org ?

www.myappeal.ie

I'm thinking of going to them to get help with my appeal.

Squatter

Patient11 wrote: »

Anyone know anything about this org ?

www.myappeal.ie

I'm thinking of going to them to get help with my appeal.

Will you fund the appeal with a loan from a moneylender or will you get an credit union loan?


http://www.myappeal.ie/pricing/

splinter65

Patient11 wrote: »

Anyone know anything about this org ?

www.myappeal.ie

I'm thinking of going to them to get help with my appeal.

You can pay these shysters or you can go to your local CIC at no cost .

Conall Cernach

Squatter wrote: »

Will you fund the appeal with a loan from a moneylender or will you get an credit union loan?


http://www.myappeal.ie/pricing/

That's the first I've ever seen any thing like that. Disgraceful.

splinter65

Conall Cernach wrote: »

That's the first I've ever seen any thing like that. Disgraceful.

It’s not really disgraceful. It’s the same as those company’s who charge you to claim your tax back. It’s perfectly above board.
I would love to hear here from someone who has used them.
I wonder do they tell you before or after you pay them that the Appeals office is totally bogged down at the moment and is 6 months behind?

Patient11

I wonder is part of the reason I'm finding it hard to get on Disability is because I have a "very rare" disease.

My own GP said she had only met one other person in her medical career that has the condition I have.

The Doctors in social welfare probably have very little experience in dealing with people with my condition.

Kristopherus

Patient11 wrote: »

I wonder is part of the reason I'm finding it hard to get on Disability is because I have a "very rare" disease.

My own GP said she had only met one other person in her medical career that has the condition I have.

The Doctors in social welfare probably have very little experience in dealing with people with my condition.

Op,do you have PRSI contributions? Have you been able to work at any time? Having a PRSI record might enable you to avail of Illness Benefit, which may be easier to qualify for.

splinter65

Patient11 wrote: »

I wonder is part of the reason I'm finding it hard to get on Disability is because I have a "very rare" disease.

My own GP said she had only met one other person in her medical career that has the condition I have.

The Doctors in social welfare probably have very little experience in dealing with people with my condition.

The most common reason is that claimants make the mistake of thinking that DA is awarded to people when they say they have been diagnosed with a condition or disease.
DA is awarded when you make it clear through medical evidence that because of your condition you can’t go to work.
You have to tell them about your medical condition but then you also have to explain how this medical condition prevents you,personally, from being available for work.

fritzelly

I'm wondering if said disability is that serious (in this day and age)
You have an illness that if left untreated is life threatening but with the correct medication means you can continue with your life as normal - in which case going on disability is not going to happen. Medical card aside there is no reason for you not to work.

I know there is many cases of wrongly refused disability but with a culture of can't work because I have hayfever type prevalent conditions. But refused twice and waited a few years between applying - if it was that serious why didn't you appeal it the first time?

Squatter

Patient11 wrote: »

I wonder is part of the reason I'm finding it hard to get on Disability is because I have a "very rare" disease.

My own GP said she had only met one other person in her medical career that has the condition I have.

The Doctors in social welfare probably have very little experience in dealing with people with my condition.

That's your second pointless post since both Splinter and I separately told you what you needed to do. (Clearly spelt out in posts 4 and 6 [and 15] of this thread) :mad:

So it's time to stop speculating and get your skates on; the only person who can get the decision changed is you and you've been told what you need to do.

Patient11

fritzelly wrote: »

. Medical card aside there is no reason for you not to work.

And you can tell that by diagnosing me over the internet ?

- if it was that serious why didn't you appeal it the first time?

I was bed ridden for most of that time and didn't have the energy to follow up on my claim.

fritzelly

Patient11 wrote: »

And you can tell that by diagnosing me over the internet ?

I was bed ridden for most of that time and didn't have the energy to follow up on my claim.

Don't take one sentence out of context and make it look worse than it is

If you were bed ridden for so long then what benefit were you on?
Obviously not DA so JSA? If JSA then obviously you managed to keep signing on
Sorry but something doesn't quite click here.

Squatter

Patient11 wrote: »

I was bed ridden for most of that time and didn't have the energy to follow up on my claim.

But as far as the Department was concerned, your application was turned down and then you didn't bother to appeal. How do you reckon that looked from their side of the table?

Get working on your disability diary and go to your local Citizens Information Office on Monday; you've already wasted at least three of the 21 days that you are allowed to get your appeal in.

Patient11

fritzelly wrote: »

Don't take one sentence out of context and make it look worse than it is

If you were bed ridden for so long then what benefit were you on?
Obviously not DA so JSA? If JSA then obviously you managed to keep signing on
Sorry but something doesn't quite click here.

I'm on basic supplementary welfare allowance.

fritzelly

Patient11 wrote: »

I'm on basic supplementary welfare allowance.

So you are not on any qualified payment and receiving what is basically an emergency payment during and after a number of years?
I wouldn't be totally au fait with the welfare system but that does not sound right

Patient11

fritzelly wrote: »

So you are not on any qualified payment and receiving what is basically an emergency payment during and after a number of years?
I wouldn't be totally au fait with the welfare system but that does not sound right

That's correct.

It may not be right but I didn't design the system.

Mikenesson

splinter65 wrote: »

So the refusal letter you got today told you that you didn’t get it because you don’t meet the medical criteria.
Appeal it immediately to the Appeals office in Dublin. If you have a specialist treating you ask him/her for an up to date report. If you have a social worker or any other agency working with you ask them for a letter stating why you cannot go to work.
Most mportant of all write a letter from yourself telling them exactly why your illness prevents you from being available for work.
Start writing this letter and leave it and come back to it over a few days as you think of things especially when you get up in the mornings. Tell them everything.
In your appeal make it clear that you are available for an oral appeal.

Letters from Tusla or social workers tend to be disregarded in these matters I can tell you from experience

Only documentation from medical professionals carries weight

LegacyUser

The above is not true.

The clerical officer is not a medical doctor or professional.

They use your medical letters from doctors to confirm your illness.

They are not experts in medical conditions and, or, a mix of medical conditions and how these affect a person individually. So. a personal letter is also essential.

One person with bipolar, for instance, may be able to work, another may not. The same with M.S., arthritis etc.

O.P., do as advised by the regulars. They are correct.

Mikenesson

It's actually correct

Medical records yes

Social workers opinions don't count for much I can tell you when it comes to benefits

splinter65

Mikenesson wrote: »

It's actually correct

Medical records yes

Social workers opinions don't count for much I can tell you when it comes to benefits

Yet I have experienced numerous occasions on which social workers remarks were very helpful. They certainly never hindered an application.

uck51js9zml2yt

The department of health has a disability appeals officer that you can go to

Squatter

Aya Yellow Peep wrote: »

The department of health has a disability appeals officer that you can go to

Misleading information - the curse of the internet! :mad:

The DoH's disability appeals officer has got absolutely nothing to do with the payment of DA by the Department of Social Protection.

uck51js9zml2yt

Squatter wrote: »

Misleading information - the curse of the internet! :mad:

The DoH's disability appeals officer has got absolutely nothing to do with the payment of DA by the Department of Social Protection.

You are correct. It's to do with accessing services!:)

LazySamaritan

banie01 wrote: »

I don't have anymore advice for the OP.
But, I would like to just go on record and thank Splinter65 for the conscientious and practical advice they seem to offer on matters like this.
It really means a lot to see advice offered in such a practical manner.

Thanks Splinter65, you help more folk than just those asking the original question.

100% agree. splinter65 is legend.

sellasheep

banie01 wrote: »

splinter65 wrote: »

.
In your appeal make it clear that you are available for an oral appeal.

I don't have anymore advice for the OP.
But, I would like to just go on record and thank Splinter65 for the conscientious and practical advice they seem to offer on matters like this.
It really means a lot to see advice offered in such a practical manner.

Thanks Splinter65, you help more folk than just those asking the original question.

They work in the citizens information and are brilliant.

Ginger83

Squatter wrote: »

That really depresses me. TDs have absolutely no influence on the DSP when it comes to things like this. Repeat, zilch influence. Don't do it - please!

All that you'll be doing is creating more work for some of the staff in the DA unit (who are probably already stretched due to holiday and term time work absences), so all you'll be doing is delaying them in processing applications from other people who are probably in as bad a financial situation as you are.

Use the appeal process - that's why it's there - (and you really should have used it last time around if you genuinely believed that you were eligible for DA.)

You could also try your local Citizens Information Office who offer an Advocacy Service for people in a situation like yours and who can accompany and represent you at an oral appeal hearing. And do as Splinter suggests by keeping a detailed diary of your day to day routine; that should make it reasonably clear for the appeal as to how exactly how disabled you are.

I'd like to point out that I was awarded IP, waited week after week and no payment. I rang every week to be told same thing every week...15week backlog.

After 3 months I was still getting the 15 week spin so I rang a local TD. My IP was in my account the following Thursday.

You'd be surprised what a TD can do.

Squatter

Ginger83 wrote: »

I'd like to point out that I was awarded IP, waited week after week and no payment. I rang every week to be told same thing every week...15week backlog.

After 3 months I was still getting the 15 week spin so I rang a local TD. My IP was in my account the following Thursday.

You'd be surprised what a TD can do.

So you were told by DSP that there was a 15 week backlog; then 15 weeks later the IP payment magically arrived in your bank account! What a remarkable thing to have happened! :rolleyes:

Ginger83

Squatter wrote: »

So you were told by DSP that there was a 15 week backlog; then 15 weeks later the IP payment magically arrived in your bank account! What a remarkable thing to have happened! :rolleyes:

No i was told after 3 months there was still 15 week backlog, staff obviously told to spin that 1.

I put a TD on it who had a major influence and had it within DAYS.

Squatter

Ginger83 wrote: »

No i was told after 3 months there was still 15 week backlog, staff obviously told to spin that 1.

But if after 3 months there was "still" a 15 week backlog then obviously all of the claims that had been received 15 weeks previously would have been processed during the 15th week after being received - which appears to have been exactly what happened to your claim!

(If you had been told after 3 months that there was a 30 week backlog then your post would make a lot more sense!) :pac:

Ginger83

Squatter wrote: »

But if after 3 months there was "still" a 15 week backlog then obviously all of the claims that had been received 15 weeks previously would have been processed during the 15th week after being received - which appears to have been exactly what happened to your claim!

(If you had been told after 3 months that there was a 30 week backlog then your post would make a lot more sense!) :pac:

A coincidence so....or maybe the TD lit a fire under their ole

fatherted1969

From my own experience I think a refusal is normal enough for DSP, it's up to you to prove your inability to work. I was getting DB and was constantly getting called in for assessments with their doctors. Was refused DB at one point which I knew wasn't right so I appealed. Took 6 months to eventually get it overturned but my money was backdated.

splinter65

Ginger83 wrote: »

A coincidence so....or maybe the TD lit a fire under their ole

Do you think that SW staff are sitting around playing poker while the applications pile up? What evidence do you have that indicates this? Also, do you think it’s a TDs job to queue jump constituents and why?

Squatter

Ginger83 wrote: »

A coincidence so....or maybe the TD lit a fire under their ole

The TD lit a fire all right - a fire of fury! Few things annoy your average hardworking civil or public servant more than having to drop everything to deal with some gobsh1te using a TD to try to jump a queue - be it for a hospital bed or for a welfare payment!

If you believe that your case has been badly handled by any public service organisation, then use that organisation's complaints procedure and if you're not satisfied, then go to the Ombudsman - but don't involve your local TD - it's a waste of time.