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I really, really, need legal representation

  • 03-09-2013 6:59pm
    #1
    Registered Users Posts: 14


    Since November 2011, i have had a major problem with the Dept of social and family affairs.

    They suspended my payment pending a review and investigation. They subsequently closed my claim and forced me in a panic open a new claim in order to get some payment for Christmas. But in January this payment stopped pending the same investigation. My part-time job had been my only source of income in the time after Christmas and the resulting stress negatively affected my health further as my medical card had run out in January and i was basicly getting the runaround in my reapplication, having applied 3 or 4 times. In this time my health deteriorated due to lack of treatment to an normal everyday underlying condition, that normal is not a major issue and i had to give up my job in May 2012, as per a request form my employer over her concern for my well being.

    All during this time i had never received any payment or correspondence from the department and as such was not granted any right of appeal to the decision which they still had not made! Along with which they constantly told me was an on going process and used as a tool to refuse me my rights over and over!
    Predictably i was soon rushed to hospital by ambulance and after some short treatment i was sent home the next day.
    I will not go into exact details here but as a result of "something above or me annoying them" not sure what! An interim payment was sorted out and i was also awarded my medical card.

    In all this time i had received NO correspondence from the department of any sort. In fact i was told, "i don't write letters" when they called me in to see me. Upon asking for my files under FOI i was told "no files here" and have been refused a response on the many requests i have made since, either myself or the INOU.

    I could go on and on, about the total lack of communication i have from them and some of the stunts they tried to pull and the exact detail i have at hand to show how i have been treated. But its not relevant here in this public forum as my case relies on it. Its some really petty nasty stuff! And all i have said can be backed up or is documented.

    To add insult to injury. Today, while not being on the system for disability allowance yet, my illness benefit was stopped 10 days short of my disability commencing and is already under review. Having being falsely accused of working while claiming... something that is physically impossible for me at present. Again more proof of the bias and utter disdain i am being treated with by certain individuals. Even the two ladies i spoke to today could not understand how or why it was there but interestingly only a number was the identity of the person who posted the claim.

    I have been to FLAC a few times and while very helpful with advice there is not a lot they can do directly. And its getting to the next step that's the hold up. They insist i have a genuine cause for concern and that i get legal help as soon as i can. But needless to say payment of such representation is really expensive and impossible for me directly so I'm wondering about pro bono, as its my only option!

    Can someone offer some advice where to go or who to contact? As i understand it, i need a barrister with experience at taking on the Dept of Social and Family affairs.

    Thank you!


Comments

  • Registered Users, Registered Users 2 Posts: 13,247 ✭✭✭✭Losty Dublin


    You need to contact these people if you are unhappy with the result of your claim/s with the department.

    Social Welfare Appeals Office
    D'Olier House
    D'Olier Street
    Dublin 2

    www.socialwelfareappeals.ie

    Telephone: Locall 1890 74 74 34

    Fax: 01-6718391

    You are welcome to obtain legal advice as well but you will still have to go through the appeals office and not through an intermediary.


  • Registered Users Posts: 14 cucullhan


    "In all this time i had received NO correspondence from the department of any sort."

    Cant appeal a decision that has not been made yet.... 21 months and counting with no response! The only avenue i have is the legal route. I don't even know what i would be appealing about!

    But thanks for brush off.... It was very informative!


  • Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    Can you not get the local TD involved?


  • Registered Users Posts: 349 ✭✭alyssum


    cucullhan wrote: »
    Since November 2011, i have had a major problem with the Dept of social and family affairs.

    They suspended my payment pending a review and investigation. They subsequently closed my claim and forced me in a panic open a new claim in order to get some payment for Christmas. But in January this payment stopped pending the same investigation. My part-time job had been my only source of income in the time after Christmas and the resulting stress negatively affected my health further as my medical card had run out in January and i was basicly getting the runaround in my reapplication, having applied 3 or 4 times. In this time my health deteriorated due to lack of treatment to an normal everyday underlying condition, that normal is not a major issue and i had to give up my job in May 2012, as per a request form my employer over her concern for my well being.

    All during this time i had never received any payment or correspondence from the department and as such was not granted any right of appeal to the decision which they still had not made! Along with which they constantly told me was an on going process and used as a tool to refuse me my rights over and over!
    Predictably i was soon rushed to hospital by ambulance and after some short treatment i was sent home the next day.
    I will not go into exact details here but as a result of "something above or me annoying them" not sure what! An interim payment was sorted out and i was also awarded my medical card.

    In all this time i had received NO correspondence from the department of any sort. In fact i was told, "i don't write letters" when they called me in to see me. Upon asking for my files under FOI i was told "no files here" and have been refused a response on the many requests i have made since, either myself or the INOU.

    I could go on and on, about the total lack of communication i have from them and some of the stunts they tried to pull and the exact detail i have at hand to show how i have been treated. But its not relevant here in this public forum as my case relies on it. Its some really petty nasty stuff! And all i have said can be backed up or is documented.

    To add insult to injury. Today, while not being on the system for disability allowance yet, my illness benefit was stopped 10 days short of my disability commencing and is already under review. Having being falsely accused of working while claiming... something that is physically impossible for me at present. Again more proof of the bias and utter disdain i am being treated with by certain individuals. Even the two ladies i spoke to today could not understand how or why it was there but interestingly only a number was the identity of the person who posted the claim.

    I have been to FLAC a few times and while very helpful with advice there is not a lot they can do directly. And its getting to the next step that's the hold up. They insist i have a genuine cause for concern and that i get legal help as soon as i can. But needless to say payment of such representation is really expensive and impossible for me directly so I'm wondering about pro bono, as its my only option!

    Can someone offer some advice where to go or who to contact? As i understand it, i need a barrister with experience at taking on the Dept of Social and Family affairs.

    Thank you!
    There must be some files. They cannot deal with you without having files. You could appeal the FOI refusal to welfare and then to info comm if necessary


  • Registered Users, Registered Users 2 Posts: 28,340 ✭✭✭✭drunkmonkey


    Would a doctor not have made the decision that you were not able to work not your employer?
    If you left that would delay things by at least 9 weeks, no?
    If they thought something funny was going in it could be delayed further pending an investigation, so if you only finished work in May and left voluntary your still within accepted time frames, not sure what legal action could achieve at this stage or if anyone would even be willing to take on such a case against the dsw.


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  • Registered Users Posts: 14 cucullhan


    Can you not get the local TD involved?

    Its an idea, thanks!.... ;)

    There must be some files. They cannot deal with you without having files. You could appeal the FOI refusal to welfare and then to info comm if necessary

    They wont speak to me, refuse me or deny me. There is no correspondence! ... I have a wall of silence.
    They have even stopped dealing with the INOU... They may get away with ignoring me, they will not ignore a lawyer!


  • Registered Users, Registered Users 2 Posts: 1,050 ✭✭✭axel rose


    Wasn't your dole stopped because you repeatedly missed your sign on dates?

    Would this be anything to do with your social welfare problems?

    Your name is very familiar. ;)

    Edit- maybe you're not fionn mc cool. Apologies. Hope you get sorted soon.


  • Registered Users Posts: 14 cucullhan


    drunkmonkey:
    That's the thing, i left these two individuals behind in their respective departments... they have no more control over my finances which have been messed in all this time... And one of them still pulled that stunt today, and hid behind a serial number as to who published the lie on my claim. Remember i have been handing in doctors certs all this time. I am seeing my specialist for a year now. He wrote on my application! They know... Its just BS, and adds to my argument that they have gone out of their remit to cause me undue hardship. Amongst other things

    It is just more of the same petty crap, which has been going on and they have refused to cooperate with me in any way i try and solve it. They are a law on to them selves or so it appears.... YET!


  • Registered Users Posts: 14 cucullhan


    Wasn't your dole stopped because you repeatedly missed your sign on dates?

    Not me...

    And wrong name.


  • Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,750 Admin ✭✭✭✭✭hullaballoo


    Thread closed. Please read the forum charter.


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