Title of Payment: Invalidity Pension Keywords: appeal – medical – mental health – oral hearing – incapacity – section 317 – section 318

Title of Payment:  Invalidity Pension

Case Summary:

The Appellant applied for Invalidity Pension on 10 May 2013 and this claim was refused on the grounds that the Appellant was found not to be permanently incapable of work. The Appellant sought a review of the decision.  The Appellant’s review was unsuccessful, and the Department of Social Protection’s (DSP) decision was confirmed on 16 August 2013. The Appellant then appealed the decision of the Deciding Officer and submitted further medical evidence as part of this appeal. On 13 January 2014 the appeal was disallowed by way of summary decision; that is, without an oral hearing.

On 27 February 2014 the Appellant requested a review of the Appeals Officer’s decision, and provided grounds of appeal by way of letter as well as supporting medical evidence.

CLM, on behalf of the Appellant, gave notice of review to the Social Welfare Appeals Office and made a request for the Appellant’s file under the Freedom of Information Act.  The Appeals Officer decided to reopen the appeal by way of oral hearing.  This was set down for 25 September 2014. On medical grounds, the Appellant requested that this hearing be adjourned, and a new date was set for 11 November 2014.

On 3 November 2014 CLM made a further written submission on behalf of the Appellant, setting out the grounds for revising the Appeals Officer’s decision under sections 317 and 318 of the Social Welfare Consolidation Act 2005 (as amended). The written submission included new medical evidence in support of the Appellant’s claim.

On 11 November 2014 CLM represented the Appellant at oral hearing; however, at the hearing the Appeals Officer adjourned proceedings due to the Appellant’s inability to participate as a consequence of her medical condition.

On 3 December 2014 the Appeals Officer revised the previous decision and allowed the appeal.

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Wednesday, 03 December 2014

Title of Payment:  Invalidity Pension

Case Summary:

The Appellant applied for Invalidity Pension on 10 May 2013 and this claim was refused on the grounds that the Appellant was found not to be permanently incapable of work. The Appellant sought a review of the decision.  The Appellant’s review was unsuccessful, and the Department of Social Protection’s (DSP) decision was confirmed on 16 August 2013. The Appellant then appealed the decision of the Deciding Officer and submitted further medical evidence as part of this appeal. On 13 January 2014 the appeal was disallowed by way of summary decision; that is, without an oral hearing.

On 27 February 2014 the Appellant requested a review of the Appeals Officer’s decision, and provided grounds of appeal by way of letter as well as supporting medical evidence.

CLM, on behalf of the Appellant, gave notice of review to the Social Welfare Appeals Office and made a request for the Appellant’s file under the Freedom of Information Act.  The Appeals Officer decided to reopen the appeal by way of oral hearing.  This was set down for 25 September 2014. On medical grounds, the Appellant requested that this hearing be adjourned, and a new date was set for 11 November 2014.

On 3 November 2014 CLM made a further written submission on behalf of the Appellant, setting out the grounds for revising the Appeals Officer’s decision under sections 317 and 318 of the Social Welfare Consolidation Act 2005 (as amended). The written submission included new medical evidence in support of the Appellant’s claim.

On 11 November 2014 CLM represented the Appellant at oral hearing; however, at the hearing the Appeals Officer adjourned proceedings due to the Appellant’s inability to participate as a consequence of her medical condition.

On 3 December 2014 the Appeals Officer revised the previous decision and allowed the appeal.

Download this case.