Disability Appeal

Hi, wondering has anyone ever brought someone with them to an appeal, ie social worker. Im due to see the appeal doc next week and i was wondering are you allowed bring a social worker or councilor (sp)!
Iv been up the wall worrying about it i havent been payed in 2 months. couldnt claim jc as they wanted me to sign a form to say i was fit for work, i couldnt go to local welfare office as dh earns to much.
Iv genuine illness and the worry has made me 10 times worse.
Also just another Q, the last time i was called up i had to appeal also and when seeing appeal doc i went to a completly different doc who was independant and in a differnt building altogether. But this time im going back to the same place but will just see one of the other odc that sit there. I thought i would be seen by an independant doc, When i rang and queried this i was told the above and that all the docs were independant but i dont uderstand how can they be independant if they are employed be socaial welfare. Sorry bout the bad spelling!!!!
Any info would be great.

Re: Dissability Appeal

tina4 said:

Hi, wondering has anyone ever brought someone with them to an appeal, ie social worker. Im due to see the appeal doc next week and i was wondering are you allowed bring a social worker or councilor (sp)!
Iv been up the wall worrying about it i havent been payed in 2 months. couldnt claim jc as they wanted me to sign a form to say i was fit for work, i couldnt go to local welfare office as dh earns to much.
Iv genuine illness and the worry has made me 10 times worse.
Also just another Q, the last time i was called up i had to appeal also and when seeing appeal doc i went to a completly different doc who was independant and in a differnt building altogether. But this time im going back to the same place but will just see one of the other odc that sit there. I thought i would be seen by an independant doc, When i rang and queried this i was told the above and that all the docs were independant but i dont uderstand how can they be independant if they are employed be socaial welfare. Sorry bout the bad spelling!!!!
Any info would be great.

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The autonomous patient has the right to bring a social worker, doctor, psychologist, councillor or friend that you feel may help or calm you or who may be specific benefit and have specific knowledge of your disease.

I would alway's recommend that prior to undergoing review to get access to your DSFA MRA papers from the previous exam as this will explain the exams that were conducted and how these doctors made their decisions. Pursuant to Section 7 of the FOI Act as amended by the FOI amendment Act (200) you have the right to all records which includes all DSFA, MRA Papers and the records relating to the deciding officers decision.

I would ensure that you have a chaperone present during the exam so they can support you and by keeping and eye on proceedings can give feedback on issues which may have been overlooked after the exam - for an appeal should the need arise. All patients have this right and its in Section 15 of the Medical Council Ethical Guidelines 2009.

You raise a very good point about the independency of the appeals mechanism and specifically the medical assessors. As part of review they may send you to another medical assessor who is a colleague of the first medical assessor who will make decisions on your ability to work - however in both instances the records are then sent to the chief medical advisor for final approval. I know this lack of independence could be amongst others raised in the right jurisdiction.

I'd refer to my previous posts about the procedures to be adopted and your rights as a patient.

Re: Dissability Appeal

Thank you so much you have fantastic info. Im raging now i didnt know i could bring someone the first time. And its to late to acsess the forms from the last examination as im up on thursday.
At least i know i can have someone with me and that makes me feel much better. And also that i have this info for the future.
I just hope it gets sorted because the thoughts of the long process to make a complaint to the ombudsman ad the fact that im not being payed.
Thanks again its brilliant info.

Sorry if this is a bit long winded but just a quick question – do you have an oral hearing in the appeals office or as part of the process has the appeals office asked for a second medical opinion in the MRA section of the DSFA? If you are going for a second examination with a Medical Assessor this Thursday, I would bring along a copy of the Medical Councils Guide to Professional Conduct and Ethics in Medical Practise. I would definitely put in a request for your previous and most recent MR papers and records from the deciding officer, as if your appeals case later goes for oral hearing you can use what is in those most recent MR papers in your current appeal.

I am attaching a number of links on operational guidelines that may be of help on the IB, Medical Review and Assessment process. The guidelines also include the template examination form that will be used in your assessment. It will explain the general framework that the Medical Assessor will use to assess your condition, functioning and re-evaluate your ability to work. Normally clinical assessments are tailored to specific conditions but this should include a mix of reviewing records, asking you questions, physical and/or mental assessment.

It is very important that the examining Medical Assessor has a full and complete understanding of your condition and how it affects you. So when they ask you questions, answer these questions to the fullest extent possible. Never assume that because these Medical Assessors are doctors that they should or do know about your condition and how it affects you.

It may also be advisable to enquire from your own medical certifier before Thursday on whether the examining Medical Assessor notified them of the examination or requested that they make any submissions on your condition detailing investigations, consultants you are attending, hospitalizations and treatment? I have come across situations where clients have attended for these examinations and the medical certifier were not notified or asked to submit a report on their patient. The paramount responsibility of the Medical Assessor is to act in your best clinical interest. They should establish a clinical history which in first instance is information that can be obtained from clinical records and reports submitted on request by a medical certifier and it is a Medical Assessors duty and not a patient to take all necessary steps and actions so they have all information to hand so as to ensure that their clinical decisions are informed. I would bring a report from your medical certifier with you as I said sometimes these Medical Assessors don’t notify the Medical Certifier of a patient or look for the submission of a report on the patient they are scheduled to assess.

It is also helpful to know that the nurses who accompany the Medical Assessor have a professional duty of care towards you. Like doctors they are governed by their own Professional Code of Conduct with An Bord Altranais and have professional identification numbers. Their duty of care could be simple things like ensuring that you are provided with drapes to preserve your dignity during physical examination or more relevant actively advocating on your behalf if and when you express the need to have a friend or relative present.

The Appeals Office may decide that your case warrants an oral hearing after receiving the deciding officers review decision based on the review examination. AFAIK case officers in the DSFA Appeals Office do not come from medical backgrounds which does raise questions in terms of claimant’s rights and how Appeals Officers can be expected to adjudicate on claims that require and quite often complex medical knowledge.

While most medical practitioners can and do respond in a positive manner to clients who know their rights you should also to be aware that there can be some who may not too receptive to clients who are empowered.

Ps. Good luck and if you need further info PM me.

The Medical Review and Assessment Process

www.welfare.ie/EN/OperationalGuidelines/Pages/medreview.aspx

Medical Assessments

www.welfare.ie/EN/OperationalGuidelines/Pages/medassess.aspx

Medical Certification under Social Welfare Legislation – Instructions for Medical Certifiers

www.welfare.ie/EN/OperationalGuidelines/Pages/medcertifers.aspx

Operational Guidelines for Illness Benefit

www.welfare.ie/EN/OperationalGuidelines/Pages/illben.aspx

Hi annet, thanks for the very informative post i will defo be going through everything. I dont know if this makes a difference but im on longterm dissability, i dont send in certs. I know for a fact that they hadnt been in touch with my gp or my hospital specialist.
My socail worker cant make it on thurs so iv asked my friend/neighbour to come she has the gift of the gab and she helps me out almost daily so she knows what i go through on a daily basis. Do you think this would be a good or bad idea. Sorry for the questions. Thanks again.

PM'd you.