Application for Perminent Disability

[richardandelse]

Hello, we are new to this forum and have an interesting situation that perhaps someone has experience of "Application for Disability Pension". I am British but have worked the 50% of my working life in Norway (EU Economic area member 'same regulations as EU}) and previously 50% UK. I had an accident in Norway whilst resident and employed in 2004. I was given temporary 100% disability after 3 years, to be re-viewed thereafter every year. I have been on temporary 100% disability since then and now have been invited to apply for permanent disability by the Norwegian Social Services. In the Norwegian Social Service’s letter to me, they state that I must apply via the French Social Services and the French Social Services (though the Norwegians will pay my Disability Pension should it be approved and not the French). The French Social Services must send E-204 & E-205 to the Norwegian Social Services direct. The French Social Services have issued a letter stating that "I am not pensioned nor receive pension money in France" and that is all they are willing to do. ie; No E-204 & E-205 from the French. They give no reason except refusal. My temporary disability pension has a time limit until 15 December and then I will loose my temporary disability pension. Does anyone have any similar experience within the EU or EEA and is it normal that the host country where you reside applies for disability on your behalf or do you deal with the country in which the accident happened and where you originally resided and paid taxes? Lastly does Norway have the right to stop my temporary disability, since EU law applies? Do the French Social Services normally supply E-204 & E-205 etc applying for permanent disability to other member states of the EU? Any comments would be greatly welcome, regards Richard & Else

[cooperlola]

I do know that if you receive disability payments from one member state that the medical examinations can be carried out where you live - is this what is going on?  It may well be that the French authorities have not quite understood what it is that you want and are assuming that you are expecting France to pay!  You may need to talk to the assistant social (who often holds "clinics" at  local mairies on a regular basis - see your own for times/dates etc) in your area to get their help.  I suspect (although I don't know for sure, not having been in your situation) that this is a communication problem. 

Apart from that, it appears to be Norway's responsibilty:

http://ec.europa.eu/youreurope/citizens/work/pensioner/state-pension-claims-and-calculation/eu-eu_en.htm

as far as I can see (the above link applies to disability pensions as well as old aged ones.)  There is a lot more info, and other links, in there too. If you still get no joy, you can try SOLVIT, whose job it is to deal with problems of this sort within the EU.

[richardandelse]

Hello, thanks for the very interesting website, to answer your questions

a) medic exams are carried out in France and accepted by the Norwegians.

b)We have translated the Norwegian Social Services letter into French and explained over 5 visits that the Norwegians will be paying and that the only thing required of them is to fill in and send forms E-204 & E-205 relating to application of 100% perminent disability and showing that I have not been employed nor earned any money in France.

c)We are going to take our neighbour with us to the Head of the French Social Services for the Hautes Pyrenees to discuss further as it seems everyone in the dept. is not wishing to be involved.

d)I suspect that this will be a long convoluted problem and until I know for sure whose responsability this is, if it be the French then I do not understand why the Norwegians do not send a formal letter of request direct to their French counter part or send that letter to us to deliver on their behalf; instead of an informal letter with a cut off date for the temp pension including a demand that we ask the French Social Services to expidite with utmost speed!!

It would be a laugh if it was not so very frustrating, for sure! Kind regards & thanks for responding.

[andyh4]

I cannot help with the specifics of a disability case but I can confirm that it is normal practise for the country where you reside (or work) to make application for benefits from a country where you previously worked / lived.

 

So for example, as things stand at the moment, the German authorities have to apply on my behalf to the UK work amnd Pensions Dept. for my UK pension to be paid - when that day comes. So that part of your torrid tale does seem to hold true

[nomoss]

Meanwhile, why don't you take cooperlola's advice and contact SOLVIT?

You can contact them by telephone for a quick answer. The number is on "Contact" here http://ec.europa.eu/solvit/site/about/index_en.htm

[cooperlola]

Apart from anything else - E forms have been replaced by S forms now so that might not be helping as you seem to have the old codes, superceded in 2009.  I have tried a quick Google to see if I can find out what the two you are dealing with are now called but the results are too broad for me to get a sensible answer.   It may not matter but it just might be adding to your problems.

Bon courage.

[richardandelse]

Hi, thank you very much for the link, have sent them an email with my enquiry......I prefer to get answers in black & white rather than verbal - if the French Social Services have to apply on my behalf, then it is good ammunition to have! Kind regards Richard

[richardandelse]

Hello, thanks for your response, is that true even if you have never worked in Germany? I understand that 'if' I had worked in France then it would definitely be France's obligation to apply - but I never have worked in France. Kind regards Richard