asked the Minister for Social Welfare if he will ensure that medical referees and appeals officers will be required to take note of the nature of the employment to which a claimant is required to resume when declaring that a claimant is fit for work; and if he will make a statement on the matter.
Written Answers. - Employment Requirement.
39.
It is provided under the Social Welfare (Consolidation) Act, 1981, that a person shall be entitled to disability benefit only in respect of a day of incapacity for work. The legislation does not relate this incapacity to any particular occupation or employment.
Generally speaking, however, a person who is temporarily ill, will be regarded as incapable if he is unable to follow his normal occupation. However, in the case of a prolonged claim to disability benefit the incapacity may be assessed in relation to his ability to perform alternative work in a more general sense. In doing this, however, the person's background, including age, experience and training would be relevant.
Medical referees provide a second opinion to that of the person's own doctor for the guidance of the Department's deciding officers. In carrying out examinations, the referee reviews the history of the case, considers any fresh reports received, usually from the general practitioner concerned, and expresses an opinion based on the results of the clinical examination.
Where, following an examination, the claimant is deemed capable of work and appeals against the decision, he is normally referred for a second examination by a different medical referee.
Where this referee also considers the person capable of work, the case is considered by an appeals officer who examines each case afresh and any relevant submissions received from the appellant. In this connection, the appellant's circumstances, including experience and age, are considered in relation to his returning to his normal occupation or alternative work.
Where a claimant is deemed to be capable of work, it is open to him if he is unable to obtain employment to apply for unemployment benefit or assistance.