Disabillity criteria ?

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pingu

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Last July I posted a thread ' refused disabillity' I am 45 and require knee replacement surgery , however I am too young to have this ( due to possibillity of serious infections if require second op as the artificial knee lasts 15 years etc ) I currenty have injections every three months to ease the severe pain and lack of movement. I have been on injury benefit since the accident at work Nov 2006 ( not at court yet ) applied for disability and refused , appealed , examined again and refused this time 'as I dont meet the disability requirements', although they agree that I can not work, I was wondering if anyone knows how needing a new knee doesn't come under the term disabillity ? Also is thier a time limit as it states on receiving injury benefit ? I should state that my movement is severly restricted and the injections effect only lasts about 5-6 weeks and even with that its still painful. Any way any thoughts by anyone much appreciated.
 
You'll need to be more specific. Are you sure that it is not 'Disablement Pension' that you have been refused? This relates to disability for life adn is percentage of disability based, I think. If not this, and because youn are on a weekly Occupatiuonal Injury Beneift payment, what exactly were you refused?
 
Hi Welfarite, disabillity allowance, I received letter today from swo, it said after medical assessor opinion that i am not suitable as i do not meet the medical conditions.

I also recieved another a letter same time saying re: appeal illness benefit ( they wanted to stop that as well ) same medical assessor states thatI am incapable of work and my claim will accordingly be re-admitted.
 
There is a slight difference in DA and IB medical criteria. The illness must be expected to last over 12 months under DA conditions. This does not apply to IB.
 
pingu, i don't know anything about social welfare.
But your disability is dependent on the activities you are expect to undertake in your life. So arthritis of the knee is a disability for a .....housekeeper, but not for a sedentary office worker.
 
Mommah, I understand however this started with a severe knee injury, I was a security person ( and have been for since aged 16 ) and injured by a shoplifter in the course of my duty, this injury has brought on the severe arthritic condition
 
welfarite, ive been on IB since may 2007 after the statutory occupational IB period, I thought I read that IB is expected not to last greater than 12 months ?
 
Well in my view that would constitute a disability.
Probably needs to be backed up by x-rays etc
If the x-rays don't look too bad you could be out of luck.
Even though it is common in severe arthritic pain that x ray changes can be minimal.
 
This from the www.welfare.ie website:

'If you have 260 weeks PRSI paid since you first began work, you may be entitled to Illness Benefit for as long as you are unfit for work and you are under 66. From January 2009, if you have 260 or more PRSI contributions you can get Illness Benefit for a maximum of 2 years. This change will not affect people getting Illness Benefit before this date.
If you have between 104 and 259 weeks PRSI contributions paid, you may be entitled to Illness Benefit for up to 52 weeks. At the end of this period, an extra 13 PRSI contributions must be paid (or a lesser number if it brings the total PRSI contributions paid up to 260) in order to requalify for Illness Benefit.'
 
thanks mommah, and welfrite, for your contributions, I will ask the swo exactly which medical conditions it doesnt fulfill.
 
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