appealing disability claim?

x in the city

Hi Guys

has anyone ever done it, or is it a waste of time?

I have hearing aids and made a claim for disability ages ago but it was rejected.

Graces7

We have been trying for well over a year now to get a reply re a stopped disability allowance... it was stopped without notification so we cannot even lodge an appeal. They simply do not reply to letters. Even a formal complaint did not get a reply so then I involved the Ombudsman. They replied but then they too went silent.

In the New year we are sending all the unanswered correspondence to ministerial level

If you fare any better, please pm me!!

x in the city wrote: »

Hi Guys

has anyone ever done it, or is it a waste of time?

I have hearing aids and made a claim for disability ages ago but it was rejected.

ReacherCreature

Absolutely. Having Hearing Aids makes it easier. Appeal it as much as you can.

tudlytops

I was on Illness benefit, but i wanted to go on Disability so that I could try working, disability allowence allows me to try working for up to 20 hours a week. It took 3 appeals but I got it in the end.;)

Suzybie

Hi,

Just in case you don't know about them - there are over 40 different advocacy projects in the country who may be able to provide assistance with disability allowance appeals and other issues.

You can find information on them on a google map here

anplaya

x in the city wrote: »

Hi Guys

has anyone ever done it, or is it a waste of time?

I have hearing aids and made a claim for disability ages ago but it was rejected.

any reasons why?

x in the city

I will contact them advocate services, thanks.

the 21 days to appeal has lapsed, but I just got the letter in mid december, holidays and etc.

they said it was rejected as

a) the person must be suffering from an injury, disease , congential deformity or physical or mental illness or defect which has continued or may resonably be epxected to continue for the period of at least a year

and

b) as a result of the condition, the person is substantially restricted in undertaking work which would otherwise be suitable having regard to the persons age, experience and qualifications.

tony2phones

I have Chronic Fatigue Syndrome and put in my claim in Feb 09. I had my assessment in November, as expected it was declined. I appealed and had a second assessment in January. At this assessment the officer/Dr signed me for 6 months. I thought that would be ok as 11 months to this assessment plus the 6 months is more than the 12month requirement. Not so??? I have written another appeal letter which has been submitted within the 21 days and am awaiting a response. Surely you don't have to be expected to be disabled for 24 months from the date of your claim?

mylittlepony

When you say you have hearing aids, you didnt straight away say that you are hard of hearing or deaf.

Are you diagonised by Ear doctor as Deaf or Hard of Hearing?
Then you should be entitled to DA.

Or are you an adult who have become deafened (deaf later in life) or hard of hearing recently?
If so they may not see your hearing loss as a disability because your hearing have only deteorited (sorry wrong spellng) and may only be temporary. OMP
So you may need to appeal and prove that it is affecting your quality of life, permanent hearing loss, etc.

a) the person must be suffering from an injury, disease , congential deformity or physical or mental illness or defect which has continued or may resonably be epxected to continue for the period of at least a year

and

b) as a result of the condition, the person is substantially restricted in undertaking work which would otherwise be suitable having regard to the persons age, experience and qualifications.

If its very recent, maybe you have applied too soon, in your post above about why rejected; you need to wait at least a year to confirm to SW that this hearing loss is permanent.

Are you in employment? That can also be a factor.
You must also be unemployed for DA.
Im assuming that you got your hearing aids private so that you are employed (H.A. are very expensive) so would not be entilted to DA.

kangaroo

mylittlepony wrote: »

If its very recent, maybe you have applied too soon, in your post above about why rejected; you need to wait at least a year to confirm to SW that this hearing loss is permanent.

I don't think that is correct (although I admit I know more about another condition than hearing loss). All you need to prove is that it will last for a year into the future from when you apply.

The process can also be slow so I get the impression that people who lose out initially because of the won't-last-for-12-months criteria can often win out in the end because it might be nearly 12 months (or even more) before they get to see the civil servant (normal steps: 1st doctor, if not accepted: 2nd doctor, if not accepted: civil servant). All one has to prove as far as I know is how long it will last from the first application.

But of course, one can reapply. But don't think I'd encourage people to wait 12 months before considering applying.

Also not sure why people who have life-long hearing loss should be "sure things" for disability allowance (while more recent cases are not). Surely often they would have time to plan a career (and associated training) that suited their level of hearing?

tony2phones

I didn't apply for 6 months thinking I would be ok. It was my Dr who told me to put in a claim so at my 2nd appeal I have been Incapacitated for 18 months. What happens if its a terminal illness that causes someone's disability they would be dead before anyone looked at their claim in the 1st place.

All anyone can do is continue to appeal, all the way to the highest level.

kangaroo

tony2phones wrote: »

I didn't apply for 6 months thinking I would be ok. It was my Dr who told me to put in a claim so at my 2nd appeal I have been Incapacitated for 18 months.

I think you don't get "full" credit for the time before applying. It's only really from the time when you first applied or first assessed - they may accept that you are too ill at that stage to not work but not satisfy the requirement it will last a year longer. But if the process lasts another 12 months+, you should win by default.

tony2phones wrote: »

What happens if its a terminal illness that causes someone's disability they would be dead before anyone looked at their claim in the 1st place.

All anyone can do is continue to appeal, all the way to the highest level.

I'm not sure about terminal illness. I spend a lot of time reading UK forums and in the UK terminal illness gets high points.

I do think the trick (if somebody is genuine) is to keep appealing and not give up. I think they hope some people drop out along the way. One can also appeal to the Ombudsman after the civil servant stage.

nichola seaver

allowance for aids or for working?? my new aids were 3300 euro and i received 750 euro from government towards the cost of the aids. anyone know about cochlear implant? im gettin it done soon. looking for advice

tony2phones

I have today received notice that I have been deemed suitable for Disability Allowance. This notice came from the Appeals Office now I just have to wait for "the Social welfare office to get in touch" it has been an uphill struggle with two appeals but I think now there is light at the end of the tunnel.

kangaroo

tony2phones wrote: »

I have today received notice that I have been deemed suitable for Disability Allowance. This notice came from the Appeals Office now I just have to wait for "the Social welfare office to get in touch" it has been an uphill struggle with two appeals but I think now there is light at the end of the tunnel.

If you don't mind me asking, was this after having a meeting with a civil servant or before that stage (usual stages: 1st Medical, 2nd Medical, Civil Servant)? What do you think made them change their minds/any other tips?

tony2phones

After 2 examinations I sent my appeal into the Appeals office and was waiting for them to send for me again, when the letter arrived this morning I thought it would be another interview but surprisingly not.

I also received my medical reports under the freedom of information act as I thought these would be useful in my appeal. The report from the last examination stated that I was eligible but for some reason the application had still been refused at that stage.

kangaroo

tony2phones wrote: »

After 2 examinations I sent my appeal into the Appeals office and was waiting for them to send for me again, when the letter arrived this morning I thought it would be another interview but surprisingly not.

I also received my medical reports under the freedom of information act as I thought these would be useful in my appeal. The report from the last examination stated that I was eligible but for some reason the application had still been refused at that stage.

Thanks for that. Well done on your "success". I wonder was it a clerical error or had some "deciding officer"(?)/similar made a decision (I know you won't know, just talking aloud).

the watchman

tudlytops wrote: »

I was on Illness benefit, but i wanted to go on Disability so that I could try working, disability allowence allows me to try working for up to 20 hours a week. It took 3 appeals but I got it in the end.;)

Hi all, was interested in the above quote as I have been on DA for about 6years and with the household packages it has made life somewhat bearable again. I have to say without going into my condition that I do feel better than what I was (clearly this is directly related to the extra benefits and I am so grateful). I know that I can never again have a full time job but would now like to try and improve life a little more by trying this 20hrs a week scheme. Problem is, ' I am petrified of losing what I have at the moment. I believe that the work is supposed to be "of a rehabilatative nature". I remember calling them about this about two years ago and when I was quoted this it just frightend me off.
So, what can I expect if I do decide to go down that road.?

the watchman

Graces7 wrote: »

We have been trying for well over a year now to get a reply re a stopped disability allowance... it was stopped without notification so we cannot even lodge an appeal. They simply do not reply to letters. Even a formal complaint did not get a reply so then I involved the Ombudsman. They replied but then they too went silent.

In the New year we are sending all the unanswered correspondence to ministerial level

If you fare any better, please pm me!!

And this posting by Graces 7 scares the living daylights out of me..'stopped disability allowance without notice'!!!. Whats all that about?

tony2phones

I got the letter informing my entitlement a month ago then got a letter asking for all the Means Test information again. Tried phoning the Inspector 3 times a day every day for 10 days before a secretary answered and informed me that the Inspector will not be in for 2 more weeks. So in a couple of weeks I might get to Know if they have all that they need to process my claim. then they have to process it start making the payments and work out the back pay??

The only way to deal with Bureaucracy is to hound them. I honestly believe that they go out of their way to reduce people to the level of desperation where they either give up or die. I know they are busy but there are people who need their benefits to survive.

I have also received all the Information relating to my claim through the freedom of information system which I applied for thinking I would have to appeal again. This is really helpful as you get to see what has been written about you by the Assessors.

davidki

I am severe/profoundly deaf in both ears and have been referred for an assessment for a cochlear implant, how do i go about making a claim for disability benefit? I am unemployed on jobseekers benefit at present. My family doctor has advised me to contact NAD who advised me to contact my local citizens advice bureau who in turn advised me to contact my family doctor. I'm going round in circles and getting nowhere.

tony2phones

You will have to get the application form from Social welfare to fill in yourself and pas to your Dr who has some things to fill in then return the completed form to the Disability section. That is the start of a very long process, be prepared to be rejected and having to appeal at least once. You will need the support of your own Dr and any specialists you are/have been referred to. Good luck unfortunately you will need it.

Larkin2008

I applied last June 2010 for DA and was refused after waiting 7 months, anyone know how long appeals can take? just wondering.

tony2phones

Including the appeal my claim took 2 yrs from submission to receipt of my 1st payment after a second Means test. then a couple of months to wait for the back pay from the date of submission of the original claim

duckielover

could anybody help me my dad was turnd down disability allowance he has 3 heard attacks and has 5 stints in, he is unable to do manual work which was his only qualification. if he gets a call to go out working now he has to take it or lose his social welfare job seekers allowance he initally applied for a job and was asessed by social welfare inspector who told him you should not be working and advised him to apply for disability allowance, should we appeal it? any advice would be welcome

tony2phones

You will have to appeal and appeal again it seems that they just rely on people giving up or dying before they have to pay out. It took me 3 attempts and over 2 years to get mine.

horsex

I have been refused Disability Allowance on the grounds that prostate cancer is not a disease, whereas WHO,(World Health Organization), deems it as a disease.I was diagnosed with Prostate cancer Feb 2011. I claimed in Oct of that year, and was refused this week.
I have my radiotherapy finished and I am on Hormone injections for the un forseeable future. I have a loose bowel problem now which started only 8 weeks ago and am due to see my consultant in June, this loose bowel problem could be caused by the radiotherapy damaging the colon.. Someone told me that Prostate cancer sufferers never get Disability Allowance. Is this so. Is there any Prostate cancer sufferer out there who has got it or is actually getting it now, am I just wasting my time and energy fighting this appeal ..ta for reading.:rolleyes:

horsex

duckielover wrote: »

could anybody help me my dad was turnd down disability allowance he has 3 heard attacks and has 5 stints in, he is unable to do manual work which was his only qualification. if he gets a call to go out working now he has to take it or lose his social welfare job seekers allowance he initally applied for a job and was asessed by social welfare inspector who told him you should not be working and advised him to apply for disability allowance, should we appeal it? any advice would be welcome

I looked up the definition of disease with the World Health organizeation and Heart problems are defined as a disease so under their own rules you should keep fighting and bring this to their attention. Good Luck..

horsex

davidki wrote: »

I am severe/profoundly deaf in both ears and have been referred for an assessment for a cochlear implant, how do i go about making a claim for disability benefit? I am unemployed on jobseekers benefit at present. My family doctor has advised me to contact NAD who advised me to contact my local citizens advice bureau who in turn advised me to contact my family doctor. I'm going round in circles and getting nowhere.

Hi, You should get a form to fill in for disability benefit from the Social welfare office. You fill in your part of it and your GP will then fill in his/her part and then get it back from your Gp and personally post it yourself.
I hope this was a help to you . good Luck,,, Be prepared to be refused and keep appealing then. It could be 10 mths to a year before your claim is answered. Good Luck.

horsex

tony2phones wrote: »

I got the letter informing my entitlement a month ago then got a letter asking for all the Means Test information again. Tried phoning the Inspector 3 times a day every day for 10 days before a secretary answered and informed me that the Inspector will not be in for 2 more weeks. So in a couple of weeks I might get to Know if they have all that they need to process my claim. then they have to process it start making the payments and work out the back pay??

The only way to deal with Bureaucracy is to hound them. I honestly believe that they go out of their way to reduce people to the level of desperation where they either give up or die. I know they are busy but there are people who need their benefits to survive.

I have also received all the Information relating to my claim through the freedom of information system which I applied for thinking I would have to appeal again. This is really helpful as you get to see what has been written about you by the Assessors.

OH'' nice one.:p I would never have thought of the freedom of information, ta you for your knowledge. Do I do this after been refused for the first time or do i have to wait and see if they turn down my appeal.

tony2phones

@Horsex
You are entitled to apply for information on you at any time as far as I know but it was the local Family Resource Centre and advice bureau that walked me through the process. I was also fortunate to have the full support of my GP and hospital specialist.

One problem is that you have to be deemed to be incapacitated for a minimum of 2 years from the start of your claim.