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Dáil Éireann debate -
Thursday, 11 Nov 1965

Vol. 218 No. 10

Ceisteanna—Questions. Oral Answers. - Disability Benefit Applicant.

27.

asked the Minister for Social Welfare if he is aware that an applicant for disability benefit (name supplied), having after considerable correspondence and difficulties with his Department, been certified as unfit for work by a medical specialist in Limerick, and having been paid all the back money due to him for benefit, was on 21st October once again examined by a doctor at Tralee employment exchange and again refused disability benefit; if he will carry out a thorough investigation of the action of the local officials at Tralee and of his Department generally in this case and take action to ensure that the applicant does not have to repeat the long and troublesome procedure he had previously to undergo before being allowed benefit.

The person referred to in the Deputy's question was in receipt of disability benefit up to 21st October, 1965, when, following examination by a medical referee he was found capable of work and payment of benefit was stopped by decision of a deciding officer. An appeal against that decision has been received and in accordance with normal procedure a second medical referee examination has been arranged. This will take place tomorrow. As soon as the medical referee's report is available, everything will be done to ensure that a final decision on this case will be given without delay.

The examination by a specialist to which the Deputy refers took place on 21st July, 1965, in connection with a previous appeal, which was decided by an appeals officer in favour of the appellant. It did not determine the insured person's health condition for a later period.

Will the Minister say if this man was examined some time in October by a specialist?

No; he was examined by a medical referee and found capable of work.

I am told he was examined by a specialist, had two X-rays and was found unfit for work. He had 12 months pay outstanding. It took the Department 12 months to make up their mind. He is depending solely on the goodwill of the local shopkeepers to give him the necessaries of life for his wife and family. Shortly afterwards he was called before a medical referee who recommended him as fit for work. It is very hard to understand how a specialist could say he was unfit for work and then a medical referee say he was fit.

The specialist examination was on the 21st July in connection with a previous appeal in which the decision given was in favour of the appellant. Since then he has again been examined by a medical referee and found to be capable of work. He has appealed against that decision and his appeal will be decided soon.

The Minister will agree that these medical referees have found everybody in Kerry fit for work whether they are fit or not. That is the report all over the county.

The report of the specialist in July in this case was that the person concerned was suffering from no organic disability but that he was incapable of work because of prolonged inactivity.

His own dispensary doctor is still certifying him as unfit for work.

It is possible he spent more time out of bed since July than for 10 years before.

How many of these medical referees have we? Is this gentleman to whom Deputy Spring refers the same gentleman who comes to Mayo? May I inform the Minister that I have it on first class authority that this man is very abusive and insulting?

That is an entirely different matter.

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