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Dáil
‹ Ceisteanna—Questions. Oral Answers. - Social Welfare Benefits.

Disability benefit fitness decision

Summary

Two medical referees found the claimant fit for work, and an appeals officer also determined the case after an oral hearing; the Minister outlined the reviews leading to the decision.

asked the Minister for Social Welfare the reason a person (details supplied) in County Cork who had an accident at work was declared fit for work although his family doctor and hospital specialist say he is unfit for work; if his Department has received medical certificates in his case; and if his Department intends to investigate this case further.

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Fergus O'Brien Mr. F. O'Brien Fine Gael

The person concerned was paid disability benefit from 22 July 1982 to 30 September 1982. Payment was disallowed after that date following examination by a medical referee who expressed the opinion that he was capable of work.

He appealed against the disallowance and, in connection with his appeal, he was examined on 18 November 1982 by a different medical referee who also considered him to be capable of work.

His case was then referred to an appeals officer for determination. The appeals officer held an oral hearing of the case at which the claimant was present. Following the hearing and having regard to the medical reports in the case, including the specialist report of 13 January 1983, the appeals officer decided that the claimant was not incapable of work during the period from 1 October 1982 to 10 January 1983 (the date of the latest medical certificate before him) and is not entitled to be paid benefit in respect of that period.

10.

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