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Review after disability application was refused

  • 12-09-2018 02:24PM
    #1
    Registered Users, Registered Users 2 Posts: 288 ✭✭


    My girlfriend's brother applied for disability allowance back in May. He received a letter refusing the application in late August.

    He was about to appeal but someone advised that Social Welfare should give him the chance to ask for a review first, before appealing. So they applied for a review.

    How long should that review take? And what is it exactly?

    Is it that file is given to a different official in the disability section for a second opinion?


Comments

  • Closed Accounts Posts: 789 ✭✭✭Turnipman


    My girlfriend's brother applied for disability allowance back in May. He received a letter refusing the application in late August.
    He was about to appeal but someone advised that Social Welfare should give him the chance to ask for a review first, before appealing. So they applied for a review. How long should that review take? And what is it exactly?

    Is it that file is given to a different official in the disability section for a second opinion?

    Review means that the same unit of DSP (but different officers) re-examines the application to check for any oversights, misinterpretations, computational or other errors. The grounds for the decision will have been set out in the letter of refusal and if there's something missing or a mistake in these, then the review should pick it up. But it's an internal DSP process.

    Appealing means that the case is sent to The Social Welfare Appeals Office which operates independently of the Department of Social Protection. The appellant should send in as much additional information as is available to support their case (and as much medical evidence as possible) and should consider asking for a personal hearing.

    It is imperative that an appeal be sent in within 21 days of the original decision being issued. So don't wait for the review decision - send in the appeal anyway, it can always be withdrawn if the review succeeds.


  • Registered Users, Registered Users 2 Posts: 288 ✭✭LazySamaritan


    Turnipman wrote: »
    Review means that the same unit of DSP (but different officers) re-examines the application to check for any oversights, misinterpretations, computational or other errors. The grounds for the decision will have been set out in the letter of refusal and if there's something missing or a mistake in these, then the review should pick it up. But it's an internal DSP process.

    Appealing means that the case is sent to The Social Welfare Appeals Office which operates independently of the Department of Social Protection. The appellant should send in as much additional information as is available to support their case (and as much medical evidence as possible) and should consider asking for a personal hearing.

    It is imperative that an appeal be sent in within 21 days of the original decision being issued. So don't wait for the review decision - send in the appeal anyway, it can always be withdrawn if the review succeeds.

    He didn't send the appeal and it is passed the 21 days.

    Anyway, thanks for the information - hopefully the review works out. Any idea how long that could take? Same as the original application or quicker?


  • Closed Accounts Posts: 789 ✭✭✭Turnipman


    He didn't send the appeal and it is passed the 21 days.

    Anyway, thanks for the information - hopefully the review works out. Any idea how long that could take? Same as the original application or quicker?




    It should be a bit quicker than the original application, as the review queue is quite a bit shorter!


  • Registered Users, Registered Users 2 Posts: 288 ✭✭LazySamaritan


    Turnipman wrote: »
    It should be a bit quicker than the original application, as the review queue is quite a bit shorter!

    Okay, but it seems like you saying it will still be a long wait, yes?


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


    Okay, but it seems like you saying it will still be a long wait, yes?

    What new evidence did you submit with the review?


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  • Registered Users, Registered Users 2 Posts: 288 ✭✭LazySamaritan


    splinter65 wrote: »
    What new evidence did you submit with the review?

    There was a letter from the GP explaining the condition and some documents regarding a stay at a hospital and therapy.

    The official who examined the application made errors too. In her first letter she claimed there was documents missing from the application that were not missing and part of the letter was clearly meant for another applicant. There was some notes included pointing out these errors and also the official misunderstanding of the situation (the guy cannot leave the house yet she said he was suitable to go find work).

    EDIT: I believe the lad also wrote a much more detailed account of the OCD and it's affect on his life.


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


    The letter from the applicant explaining how the OCD impacts on his ability to be availability for work might swing it but I never recommend that anyone look for a review anymore. It’s straight to the appeals office with as much up to date evidence as possible.


  • Registered Users, Registered Users 2 Posts: 288 ✭✭LazySamaritan


    splinter65 wrote: »
    The letter from the applicant explaining how the OCD impacts on his ability to be availability for work might swing it but I never recommend that anyone look for a review anymore. It’s straight to the appeals office with as much up to date evidence as possible.

    Do you think the review will support the refusal?

    I don't think the lad will be able to process it*, but since it is too late to appeal should the application be started over and try again?

    I googled it and can't find anything about whether there is a waiting period before trying again.

    EDIT: * I mean I think he'll find it all overwhelming to find out the review might fail and that he'd have to start over.


  • Registered Users, Registered Users 2 Posts: 1,409 ✭✭✭Nomis21


    EDIT: * I mean I think he'll find it all overwhelming to find out the review might fail and that he'd have to start over.


    I didn't appeal. I sent a new application and was then accepted for DA.


  • Registered Users, Registered Users 2 Posts: 72 ✭✭Sienna5050


    I went down the review road and didnt appeal,sent in more information ,,was refused after first applied, end march i think and after review was awarded it in july ,,,thats 2 years ago now though .


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  • Registered Users, Registered Users 2 Posts: 288 ✭✭LazySamaritan


    splinter65 wrote: »
    The letter from the applicant explaining how the OCD impacts on his ability to be availability for work might swing it but I never recommend that anyone look for a review anymore. It’s straight to the appeals office with as much up to date evidence as possible.

    Will the money be backdated to the time of the original application or just to the date of the request for a review?

    I know any backdated money takes a long time to come in, but how long after an approval do does the regular disability payments start?


  • Registered Users, Registered Users 2 Posts: 72 ✭✭Sienna5050


    Will the money be backdated to the time of the original application or just to the date of the request for a review?

    I know any backdated money takes a long time to come in, but how long after an approval do does the regular disability payments start?

    Mine was backdated to original date of application,Went in to payment approximatly 3 weeks after recieved approval letter, and recieved arrears about 3 or 4 weeks after that. I know it not always same for all.hope it all works out ,its an awful process .


  • Registered Users, Registered Users 2 Posts: 288 ✭✭LazySamaritan


    Sienna5050 wrote: »
    Mine was backdated to original date of application,Went in to payment approximatly 3 weeks after recieved approval letter, and recieved arrears about 3 or 4 weeks after that. I know it not always same for all.hope it all works out ,its an awful process .

    Thanks for the information.

    Even after a approval it can take a moth for the first regular payment?:(

    If I hadn't been involved in this and someone was telling I'd think they were exaggerating and being dramatic.

    What is it that takes so long? I keep picturing moments from Yes Minister and how they explain a civil service. Except it isn't funny anymore.

    Applying for the disability has made the lad see how bad a situation he is in by not applying for it years ago and how much of a financial (and other kinds) strain he was being on his parents. I don't know how much longer he can wait. No-one wants to say it but I'm worried about him. Yet there is nothing anyone can do.

    Theparents aren't adding to the pressure but my girlfriend's father got a fright the other day in regards to the bank account. The mother unaware and has the attitude that he'll be able to contribute soon. I don't think either see how bad he is.


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


    Thanks for the information.

    Even after a approval it can take a moth for the first regular payment?:(

    If I hadn't been involved in this and someone was telling I'd think they were exaggerating and being dramatic.

    What is it that takes so long? I keep picturing moments from Yes Minister and how they explain a civil service. Except it isn't funny anymore.

    Applying for the disability has made the lad see how bad a situation he is in by not applying for it years ago and how much of a financial (and other kinds) strain he was being on his parents. I don't know how much longer he can wait. No-one wants to say it but I'm worried about him. Yet there is nothing anyone can do.

    Theparents aren't adding to the pressure but my girlfriend's father got a fright the other day in regards to the bank account. The mother unaware and has the attitude that he'll be able to contribute soon. I don't think either see how bad he is.

    He could have gone to see the CWO about a SWA payment to tide him over while he waited for his DA to be processed . I think I mentioned this to you before. These payments can be arranged even when applicants are too unwell to attend the intreo office in person.
    The Citizens Information Centres are free and independent and offer advice and advocacy too. In particular in relation to the request for a review you have submitted I really wish you had sought their help before you sent anything away.


  • Registered Users, Registered Users 2 Posts: 288 ✭✭LazySamaritan


    splinter65 wrote: »
    He could have gone to see the CWO about a SWA payment to tide him over while he waited for his DA to be processed . I think I mentioned this to you before. These payments can be arranged even when applicants are too unwell to attend the intreo office in person.
    The Citizens Information Centres are free and independent and offer advice and advocacy too. In particular in relation to the request for a review you have submitted I really wish you had sought their help before you sent anything away.

    I remember you mentioning it and I passed that along to my girlfriend but I was sure it required him to to to the welfare office himself.

    Is it a process that would take a long time? You said above "he could have" - do this mean there is no point in trying it now?

    I looked it up and he has no proof of identity that is listed there - he has no driver's license or PPS card and his passport is expired.


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


    I remember you mentioning it and I passed that along to my girlfriend but I was sure it required him to to to the welfare office himself.

    Is it a process that would take a long time? You said above "he could have" - do this mean there is no point in trying it now?

    I looked it up and he has no proof of identity that is listed there - he has no driver's license or PPS card and his passport is expired.

    Sometimes cases are complicated enough that applicants need help from a third party. That’s why the CIC is there really. If his request for a review isn’t successful I would suggest you or she bring all the correspondence in there and see what they advise.


  • Registered Users, Registered Users 2 Posts: 288 ✭✭LazySamaritan


    splinter65 wrote: »
    Sometimes cases are complicated enough that applicants need help from a third party. That’s why the CIC is there really. If his request for a review isn’t successful I would suggest you or she bring all the correspondence in there and see what they advise.

    Okay thank you.

    What about the SWA? Is it too late to apply for that?


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