asked the Minister for Social Welfare whether his attention has been drawn to major dissatisfaction with many of the decisions of medical referees; and whether he has any plans to review and reform the system.
Written Answers. - Decisions on Medical Referees.
78.
No major dissatisfaction has been expressed in regard to the medical referee system. In fact it is generally perceived to be an effective and efficient system, being as it is, one of the key elements of control in the administration of the disability and injury benefit schemes.
Every effort is made to ensure that the interests of persons referred for medical referee examination are fully safeguarded. Their own certifiers are advised of the forthcoming examinations and invited to submit an appropriate medical report. In addition it is open to a certifier to attend a medical referee examination if he or she so wishes.
In any case where, following a medical referee examination, it is decided that a claimant is no longer entitled to benefit, the person concerned is advised of the right of appeal. Should the claimant wish to exercise that right then a further examination by a different medical referee is arranged. If, following this examination, the claimant is deemed to be unfit for work, then benefit is fully restored back to the date of the original disallowance. On the other hand, if the opinion of the second medical referee agrees with the first one then the claimant is invited to complete a statement of appeal and the appeal is then submitted for consideration by an appeals officer who may decide if he considers it necessary to hold an oral hearing of the appeal. Appeals officers are statutorily appointed and are independent in the exercise of their statutory functions.
It is worth noting that in 1987 while in excess of 95,000 persons were summoned to attend medical referees examinations some 2,000 cases only had ultimately to be referred to an appeals officer for decision. Approximately a third of these appeals were allowed.
The foregoing illustrates the various steps taken to ensure that claimants are fully safeguarded in relation to the medical referee system. There are no proposals for reform under consideration at this time although the system is kept under continuous review.
If the Deputy is concerned about any specific case I will be happy to examine it if he forwards the particulars.