asked the Minister for Social Welfare if he will state in respect of a person (name supplied) (a) the date on which he was declared fit for work, and (b) the date on which his appeal was heard; and if he is aware that this man has a wife and family to support.
Ceisteanna—Questions. Oral Answers. - Disability Benefit Appeal.
28.
On 10th May, 1965 it was decided by a deciding officer that the person to whom the Deputy's question refers was not incapable of work and not entitled to disability benefit. The claimant discontinued submitting medical evidence of incapacity and took no futher action until 16th July, 1965 when he gave notice of appeal against the decision of 10th May.
A week later a fresh claim for disability benefit was received from him in which he contended that his illness was continuous with that in respect of which he had been in receipt of benefit prior to 10th May. Despite a request by the Department, he failed to submit medical evidence supporting this claim until 23rd August. He was examined by a medical referee on 27th August and again found capable of work. Since that date no further medical evidence of incapacity has been received in my Department from him.
The claimant was informed at once of the medical referee's findings and invited, as is the normal procedure, to state the facts and contentions on which he relied in support of his appeal. This he did on 14th September, 1965 and his appeal was then referred to an appeals officer. Arrangements have been made for an oral hearing which will take place on 9th of this month.
I may mention with regard to the last part of the Deputy's question that an increase of disability benefit was claimed in respect of the claimant's wife but no increase has been claimed in respect of qualified children.
Is the Minister aware that through the whole period this man has been attending a hospital in Navan, and that medical evidence proving he is unable to work can be obtained or could be obtained by the Minister's officials from the hospital if desired? Does he think it fair that someone who was refused a disability benefit in May on the ground that he was not capable of work should still have his claim under consideration in November?
This particular person was found to be not incapable of work by two different medical referees within that period. It is the normal practice for people claiming disability benefit to submit medical certificates themselves. It is not normal for the Department—and not reasonable to expect the Department—to go looking for the medical certificate. It is an obligation on the person claiming the benefit to submit the certificates.
Is not this a continuation of the Minister's attitude that if a person has been declared fit for work, there is no rush to have his case further examined?
No. Despite a request from the Department, the medical evidence was not received until 23rd August. He was examined by a different medical referee on 27th August and again found capable of work.
Would the Minister say if this is the only case in which a person was found capable of working on two occasions and was subsequently found to be incapable of working and had to be paid the benefit? In view of the fact that this happens, would the Minister make every effort to have this matter fully examined? I believe a great injustice is being done to a very decent man.
Since then, an oral appeal has been arranged for the 9th of this month. The appeal has been effectively before the Department only since 14th September.
That will not buy any bread for him.
It is possible or likely that he is not incapable of work and not entitled to benefit.