asked the Minister for Social Welfare if he is aware that a person (name supplied) in County Donegal who is the wage-earner of the household has been deprived of disability benefit since July, 1976 because the social welfare doctor pronounced him fit for work while his own doctor and the specialist refused to let him resume his employment in which he has had an unbroken record for over 30 years; and if his Department have a specialist service for such cases.
Ceisteanna—Questions. Oral Answers. - Disability Benefit.
18.
The person referred to by the Deputy was disallowed on his disability benefit claim from 19th July, 1976 following an examination by a medical referee on 7th July, 1976 who stated that he was capable of work. The person appealed against the disallowance and on 17th August, 1976 he was again examined by a different medical referee who also stated that he was capable of work. An oral hearing of the appeal at which the appellant attended took place on 8th December, 1976. The appeals officer upheld the decision disallowing the claim.
As medical certificates continued to be submitted following the issue of the appeals officer's decision a further medical referee examination took place on 17th February and the opinion again was that the claimant was capable of work.
Where, in the opinion of the medical adviser to my Department, or at the request of an appeals officer, specialist medical opinion is required in relation to a particular claimant, arrangements are made for such opinion by appropriate independent specialists.
Is the Parliamentary Secretary aware that this man is awaiting attention by a specialist and that this case is typical of many other cases in which an ordinary physician is not in a position to diagnose his problem really and that it is actually a case where the man wishes to go back to work in a factory where he has worked all his life but his doctor, under no circumstances will permit him to go back owing to the nature of his disease? Is the Parliamentary Secretary aware that the last physician to examine him would be in a position to know that he was awaiting attention by a specialist?
My information is that no medical evidence by a specialist has been submitted to the Department and also that the findings of the examination on the claim was up to 12th November, 1976 and that it is open to the person concerned to appeal again as and from that date.
Is the Parliamentary Secretary aware that in a case of this kind when the appeals officer upholds the decision of the medical officer the person in question is no longer eligible for home assistance and may be left with a wife and family without any means whatever?
No, the position is that there were three separate examinations by medically qualified officers of the Department and they claimed that in their professional opinion this man was capable of work. There is no way in which this man can be paid in the face of that evidence and on the acceptance of that evidence by an appeals officer. Where considered appropriate by the medical adviser, or by the appeals officer, specialist opinion can be made available. The Deputy said the man is awaiting specialist treatment. There is no evidence of that before the Department. No evidence of that nature has been submitted and, as the Deputy is aware, there has been no change in the practice since the Deputy himself was Minister.
That is the reason why I am pursuing this question. Is the Parliamentary Secretary aware that this case is typical of thousands throughout the country at present where decisions have gone out from the Department and medical officers have suspended every possible claimant in the country? This man becomes a victim of what other people may be suspected of, malingering, whereas he suffers from a spasmodic and sporadic disease——
We are having speeches rather than questions.
I am asking the Parliamentary Secretary if he is aware that this man's own doctor will not permit him to go where machinery is installed lest he should have one of the periodic seizures from which he suffers. This has been made known to the authorities but they have made no effort to clarify it.
This is a very long question.
I have no medical qualifications but three medically qualified officers of my Department have said that in their professional opinion this man is capable of work. That evidence was submitted to an appeals officer. An oral hearing was held at which the claimant was present and the appeals officer accepted the evidence of the medical officers who, on three separate occasions examined the man. There is no way in which I can overrule that.
Is the Parliamentary Secretary aware that the appeals officer is only a layman and always upholds the medical officer's decision?
No.
Question No. 19.
It is a racket.