Social Welfare Type: Disablement Benefit

This case relates to an application for Disablement Benefit. The Appellant’s level of disablement was initially assessed at 7%. In 2009, it was reassessed at 1%. This decision was appealed. On appeal, the Appeals Officer (AO) found the degree of disablement to be 3%. In 2011, NCLC requested a revision of this decision under section 317 of the Social Welfare Consolidation Act 2005 submitting that the decision of the AO was erroneous in light of new evidence. In 2012, the AO revised his decision, and the Appellant’s level of disablement was found to be 6%.

Appellant received Disability Benefit beginning in 2002. These payments stopped January 5, 2005, after a medical assessment declared her capable of work in December of 2004.

Appellant was on Disability/Occupational Injury Benefit for one year. Her benefit was revoked as of 15/08/03 on the basis of a medical assessment that stated Appellant was fit for other categories of work.

The Appellant appealed the decision to cut off his disability benefit. The appeal was allowed.

The case concerns an Appeal taken following refusal of disablement benefit. The Appeal was partially allowed.