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Disability appeal

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  • 22-11-2007 3:52am
    #1
    lounge_lizard
    Closed Accounts Posts: 22 ✭


    I posted this in the social benefits forum with no response, so forgive me if you read it before.

    Right stick with me on this one, it's a little complicated! I applied for Illness benefit but as I came here from the UK and only work for a few months I don't have enough contributions. I discussed this with my GP and he said my back pain would last for the rest of my life and probably not get any better, in fact, worse.

    I applied for Disability benefit, and I went for a medical examination in April and was told I was not eligible as my disability was not or is not expected
    to last more than 12 months. This was correct at the time of my
    examination, but since then I have asked my GP if it is going to last more
    than 12 months. He agreed and I appealed.

    I have since visited the Cappagh hospital and been diagnosed with Myofacial Pain syndrome. I gave the report from Cappagh and the referral to
    Physiotherapy to the appeal board. They again refused my claim on the
    grounds of me not meeting the medical grounds. I visited the relieving
    officer and she proceeded to fill out a social welfare benefit form to pay me on the strength of me appealing again.

    I got a letter from the appeal board saying I can send a full and detailed account of my disability to be considered. This I have done and I am now awaiting a response from them.

    I was wondering how long I can expect to wait for a descision as it has now been over a year. Also how many times can you appeal ? I've done it 3 times now. If I am refused how long can I claim social welfare for ? It feels like a catch 22 situation, I am not fit enough to work, but not sick enough for benefits.

    If I am denied a 3rd time, shall I reapply for Illness benefit? I was told in September I still didn't have enough contributions for it. Or shall I reapply for Disability benefit ? I'm confused! :confused:


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    #2
    Archeron
    Registered Users Posts: 6,282 ✭✭✭Archeron


    I'm sorry to hear about your situation.
    A family member of mine has recently been struck with an unusual illness, and we went through the mill trying to get help. Another poster (bless her!) mentioned the squeaky wheel gets the most attention to me, and I have to say she was right.

    We have suffered the red tape of the HSE for years now, and it got us nowhere. It was only when we made a really polite stand with hospital staff that anything began to happen. It seems that most in the health service will, if they can, brush you off, but if they are looking after you will look after you eally well.

    Stand firm and keep trying to get what you are entitled to (I dont pretend to know that that is), but try not to lose hope.
    My family is still in unknown lands when it comes to what is happening in the future, but we are relatively content to know that those big old wheels have started turning.


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    #3
    lounge_lizard
    Closed Accounts Posts: 22 ✭lounge_lizard


    I have since been back to Cappagh and seen a different specialist and she said I had got soft. Well excuse me missus, I am a 41, (nearly 42) year old bloke, who is fairly fit and healthy, a little overwieght, (5ft 10ins, 13st 7lbs) who was in the British Army for 12 years. She said it's like a woman giving birth, if they were taught to harden up, they wouldn't have so much pain! OK, um, sure I'm pregnant! LOL

    I have now heard that they want to do an oral hearing, but as they have many appeals, it wont be for a while. Also I went back to my GP and he had a letter from the specialist saying I won't get disabilty as I can do office work. Well I had an office job last year and had to give it up as I was in so much pain.

    So what now? If I am too ill to work, but not fit enough to claim dole, can I just carry on getting social welfare? The card the relieving officer gave me expires in July next year.

    In the UK if you can't get sickness benifit and not eligialble for dole, you get income support, but Ireland doesn't seem to have this system. How do others cope?

    Please help me, I'm at the end of my tether.


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    #4
    lounge_lizard
    Closed Accounts Posts: 22 ✭lounge_lizard


    OK update on this, I went for my oral hearing the other week and they said that both the medicals said I didn't have any restriction in my movement. So I don't think that will sawing it in my favour. But I did explain they were done 6 months ago and I have gotten worse since then. I went back to the relieving officer and told her what had happened. She said to just let her know what happens and then she will try and sort something out.

    So will I get social welfare payments or will I have to claim dole? surely if I claim dole I have to satisfy the conditions that I am able to work? My GP has said if they disallow my claim he will have to sign me off the sick, so I wont get any more sick notes. So how can I make another disability claim or illness benefit claim which someone suggested as I might have enough contributions now?


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    #5
    April Raine
    Closed Accounts Posts: 363 ✭✭April Raine


    lounge_lizard wrote: »
    OK update on this, I went for my oral hearing the other week and they said that both the medicals said I didn't have any restriction in my movement. So I don't think that will sawing it in my favour. But I did explain they were done 6 months ago and I have gotten worse since then. I went back to the relieving officer and told her what had happened. She said to just let her know what happens and then she will try and sort something out.

    So will I get social welfare payments or will I have to claim dole? surely if I claim dole I have to satisfy the conditions that I am able to work? My GP has said if they disallow my claim he will have to sign me off the sick, so I wont get any more sick notes. So how can I make another disability claim or illness benefit claim which someone suggested as I might have enough contributions now?
    Do you know that if you are unappy with the way you are treated by welfare etc you can complain to the ombudsman?

    http://ombudsman.gov.ie/en/MakeaComplaint/

    You can also get copies of your records to illustrate your complaint by using Freedom of Information Act

    http://www.foi.gov.ie/how-do-i-make-an-foi-request

    Welfare info at http://www.welfare.ie/

    or call citizens information 1890 777121


    Apologies if you knew all this. Best of luck


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    #6
    ollielou
    Closed Accounts Posts: 20 ✭ollielou


    you need to approach your local td,its as simple as that and he will sort it out ,hes a public rep and will repesnt you ,your not getting fair treatment,ie your entitlements as if you want to give up work to live on the breadline,these social welfare pple ,really take the biscuit:D


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    #7
    EllieN
    Closed Accounts Posts: 21 ✭EllieN


    lounge_lizard wrote: »
    I have since visited the Cappagh hospital and been diagnosed with Myofacial Pain syndrome.

    As far as I know MPS is a type of Chronic Pain, which in itself is a disease in it's own right (check out the World Health Organization for more info or the European Pain Association) I'm sorry I haven't more info to hand but try and Google something like "Chronic Pain Ireland"

    More than 400,000 people in Ireland suffer with Chronic Pain and a lot of people in the medical profession don't know enough about Pain Management or the effect CP can have on a person's physical and mental health-I know, I'm one of them and I've been around the houses trying to find some way of managing my pain AND dealing with the likes of SW who in a lot of case know very little about the condition.


    Sorry for going a bit OT but what I'm trying to say is appeal this under the grounds that you have "Chronic Pain"


    Pain is pain is pain-it does not matter if you have it in your a*$e or your elbow :mad:

    Best of luck :)

    E


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    #8
    lounge_lizard
    Closed Accounts Posts: 22 ✭lounge_lizard


    I have sent an appeal to the ombudsman, contacted my TD, and now have re-applied for disabilty allowence. I got a reply from my TD who said he had got a reply from the Private Secretary of the social welfare appeals office. They will respond to him and he will update me. Has anyone ever got disabilty allowence for this complaint?


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    #9
    EllieN
    Closed Accounts Posts: 21 ✭EllieN


    lounge_lizard wrote: »

    I applied for Disability benefit, and I went for a medical examination in April and was told I was not eligible as my disability was not or is not expected
    to last more than 12 months. This was correct at the time of my
    examination, but since then I have asked my GP if it is going to last more
    than 12 months.     He agreed and I appealed.

    I have since visited the Cappagh hospital and been diagnosed with Myofacial Pain syndrome. I gave the report from Cappagh and the referral to
    Physiotherapy to the appeal board. They again refused my claim on the
    grounds of me not meeting the medical grounds.


    Hi Lounge Lizard,

    Everybody is different but:

    If you haven't already done so, you really need to educate yourself about your Condition.

    You say that your GP has said that your Condition is going to last for more than 12 months-have you been referred to a Pain Consultant? Chronic Pain is a Disability.

    What medical grounds did they refuse you? Do you know?

    Dept Social Welfare, Disability Allowance info here:

    http://www.welfare.ie/publications/sw29.html#2

    E


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