Title of Payment: Invalidity Pension Keywords: Medical - capable of work – appeal - section 317 - oral hearing - appeal

Title of Payment: Invalidity Pension

Case Summary:

The Appellant applied for and received Invalidity Pension in 2008. In 2010 his claim was reviewed. The Appellant’s G.P, despite certifying that the Appellant had incapacity likely to last indefinitely, stipulated that the Appellant’s ability was “normal”. On receiving this report a Department of Social Protection Medical Assessor examined the Appellant and expressed the opinion that the Appellant was capable of work. Based on the medical evidence, a decision was issued disallowing the Appellant’s claim. The Appellant unsuccessfully appealed this decision. NCL&MC sought a review of the Appeals Officer’s decision in accordance with Section 317 of the Social Welfare Consolidation Act 2005. Submissions were made on behalf of the Appellant and an oral hearing was held in December 2012. The decision of the first Appeals Officer was overturned in light of new evidence. The Appellant’s appeal was allowed and arrears were granted in the sum of €20,000. 

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Tuesday, 22 January 2013

Title of Payment: Invalidity Pension

Case Summary:

The Appellant applied for and received Invalidity Pension in 2008. In 2010 his claim was reviewed. The Appellant’s G.P, despite certifying that the Appellant had incapacity likely to last indefinitely, stipulated that the Appellant’s ability was “normal”. On receiving this report a Department of Social Protection Medical Assessor examined the Appellant and expressed the opinion that the Appellant was capable of work. Based on the medical evidence, a decision was issued disallowing the Appellant’s claim. The Appellant unsuccessfully appealed this decision. NCL&MC sought a review of the Appeals Officer’s decision in accordance with Section 317 of the Social Welfare Consolidation Act 2005. Submissions were made on behalf of the Appellant and an oral hearing was held in December 2012. The decision of the first Appeals Officer was overturned in light of new evidence. The Appellant’s appeal was allowed and arrears were granted in the sum of €20,000. 

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