Disability benefit disqualification after missed examination
Fahey challenged a six-week disability benefit disqualification for a claimant who missed a medical examination. The Department said his explanation was not accepted as good cause and that he had appealed, after which another examination was arranged.
asked the Minister for Social Welfare why a person (details supplied) in County Waterford who showed good cause for his non-attendance was disqualified from receiving disability benefit.
Comment on this
The person concerned, who had been in receipt of disability benefit since December 1979, was notified to attend on 3 August 1982 for examination by a medical referee. He failed to do so and did not submit medical evidence that he was unfit to attend. The deciding officer decided that his explanation for his failure to attend for examination, that he was away for the weekend, did not constitute good cause for his non-attendance and disallowed payment of benefit for six weeks.
The claimant appealed against the disallowance of benefit and another examination was arranged for 17 December 1982. He attended on this occasion and was found to be incapable of work by the medical referee. The previous decision to disallow payment of benefit for six weeks was revised in the light of the medical referee's report and arrears of benefit due, less the amount of supplementary welfare allowance advanced by the South-Eastern Health Board, were paid on 5 January 1983.
10.