asked the Minister for Social Welfare whether, in a case where a medical referee certifies on appeal that a claimant for national health benefit is fit for work, thereby disallowing the claimant's right to benefit, the claimant has any further right of appeal.
Ceisteanna—Questions. Oral Answers. - Social Welfare Claimants' Right of Appeal.
4.
It is presumed that the question relates to disability benefit under the Social Welfare Acts.
Where, following examination by a medical referee, a claim for disability benefit is disallowed by a deciding officer and the claimant appeals against the decision, the claimant is referred for further examination by a medical referee at an early date. On receipt of the report of this examination the claim is reviewed by a deciding officer. If the referee expresses the opinion that he is incapable of work it is the practice to restore payment from the date of the original disallowance; if, however, the opinion is expressed that the claimant is capable of work the case is referred for decision by an appeals officer.
If the claimant is dissatisfied with the decision of the appeals officer the position can be further reviewed in the light of any new evidence that may be submitted.
Is the Minister aware that when the claimant sends his medical card to the Department and the medical referee turns him down, the medical referee notifies the claimant's dispensary doctor and if the claimant appeals, he is told to send up a certificate? When he goes to his dispensary doctor, then the doctor, who has been told that the claimant has been turned down, in 99 cases out of 100, goes by what the medical referee says.
I should imagine that any doctor would exercise his own judgment, in giving a certificate, on the state of affairs as he saw them.
Is it not a fact that this notification is equal to a direction to the dispensary doctor not to issue a medical certificate to the claimant?
No, it is not.
I would ask the Minister to look into a case I am aware of where a man worked for two masters in over 40 years and could not be accused of malingering.
I shall look into any case the Deputy sends me.