Social Welfare Appeal 30-01-2004

Appellant was injured in an accident in July of 1994. She began receiving Disability Benefit in August of that year. She suffered and continues to suffer from chronic back pain with disc prolapse. Although the Department found her capable of work following a medical assessment in 2002 and stopped payment of Disability Benefit, this decision was successfully appealed. Appellant applied for Invalidity Pension in 2003. She was denied on November 25, 2003, pursuant to the recommendation of a medical assessor who examined her November 5, 2003. Appellant’s G.P. was not sent a questionnaire prior to this assessment. Appellant had been hospitalised due to her injuries and released just prior to the assessment. It was the view of Appellant’s G.P. that she was not fit to attend the assessment and that she would not be able to work again. Appellant did not work from the date of her injury for the nine years until her invalidity pension claim was allowed. Appellant appealed the refusal of her claim and a second medical assessment took place on January 30, 2004. Based on this assessment, the decision was reversed and Appellant’s Invalidity Pension Claim was allowed. No hearing was required.