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Dáil
‹ Ceisteanna—Questions. Oral Answers. - Social Welfare Appeals System.

Medical referee disputes over disability benefit

Summary

Mitchell raised cases where a medical referee disallows disability benefit but the claimant’s doctor does not certify a return to work, leaving the person without income. Woods said a second medical referee can review the case and may reach a different finding.

Jim Mitchell Mr. J. Mitchell Fine Gael

Would the Minister agree that the most troublesome part of this appeals system is when the doctor of an appellant on disability benefit disagree with a medical referee, when a person is disallowed disability benefit by a medical referee but will not be given a final certificate to return to work by his doctor and is left without any income whatsoever? Is the Minister aware that there is an acute problem here and is he examining it?

Comment on this

As in the case of most Deputies I find myself confronted by such cases as a Deputy as well. As the Deputy will know, what happens is that if one decision is taken by a medical referee, if the person concerned is not happy with that decision, a second medical referee is brought in to examine the case separately. Indeed, if the Deputy looks at the Written Replies which will be available at 4 o'clock he will find there is a case today in which a second medical referee found a person to be unfit whereas the first medical referee had not so found. These people act independently and, if we want the system to operate properly, we must let them act independently. That is the first safeguard. After that the question of appeals arises if one is not satisfied. The main problem encountered in regard to appeals is the provision of information. Quite often — say, in the case of a back problem — people do not produce information from a specialist when appearing before a medical referee. In those circumstances one often finds that such an appeal is upheld by an appeals officer.

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Seán Treacy An Ceann Comhairle Independent

Question No 11 has been dealt with.

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