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Invalidity Pension Case 1

Question At Issue:

Whether incapacity may be regarded as permanent.

Background:

The appellant, in his mid-fifties, had been in receipt of Disability Benefit for approximately eight months when he claimed Invalidity Pension. His certified incapacity was diabetes. He was examined by a Medical Assessor of the Department of Social and Family Affairs who did not consider him to be permanently incapable of work. The Deciding Officer, accordingly, determined that he was not entitled to an Invalidity Pension. He appealed against that decision and submitted further medical evidence. He was then examined by another of the Department’s Medical Assessors who concurred with the earlier opinion.

Oral Hearing:

The appellant was accompanied by his wife. He submitted a letter from his General Practitioner, stating that he suffers from arthritis in his shoulders, ankles and wrists, and that he also suffers from hypothyroidism and diabetes. The letter also set out details of the medication he had been prescribed.

The appellant outlined his employment history. He had been working in a factory but, following its closure, had been unemployed for several years. He had taken part in several FÁS schemes during that period. He indicated that his illness had commenced early in 2001. He had spent two weeks in hospital, and was diagnosed with diabetes. He stated that he had had a thyroid problem for over twenty years, and that he suffered from arthritis for some time, the latter having become worse since he got diabetes. The appellant stated that he had had physiotherapy, and was advised to do exercises at home, but asserted that he is physically unable to do so. In addition to his medication, the appellant’s medical evidence indicated that he also gets injections when the pain he suffers becomes severe. The appellant outlined the difficulties he experiences in walking, standing, and sleeping. He stated that his diabetes is under control with the help of medication and that, twice a day, he carries out the blood tests required for monitoring his condition. He asserted that as a result of his thyroid problem, he feels weak and has no energy, and he feels cold even in warm weather. The appellant stated that he can no longer do odd jobs, as he used to, and considers that he will never be able to work again.

Consideration of the Appeals Officer:

The Appeals Officer noted that the appellant was in receipt of Disability Benefit on the basis that he was incapable of work due to incapacity. He concluded that, taking account of his age, and having regard to his medical condition, it was difficult to envisage any significant improvement in the appellant’s condition in the future. On that basis, he considered that he was permanently incapable of work and entitled to Invalidity Pension, and that, accordingly, his appeal should succeed.

Outcome:

Appeal allowed.

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