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Dáil Éireann debate -
Thursday, 27 Feb 1992

Vol. 416 No. 4

Written Answers. - Fitness for Work Query.

Gerry O'Sullivan

Question:

110 Mr. G. O'Sullivan asked the Minister for Social Welfare the reason a person (details supplied) in County Cork has been found fit for work on 21 January 1992, despite the fact that her consultant has indicated her incapable of working due to an accident seven years ago which resulted in spinal injuries and who has ever since been under the consultant's care; the reason a medical referee has found her capable of work on 10 January 1992, incapable on 27 January 1992 and capable on 21 February 1992; and if he will make a statement on the matter.

The person concerned was in receipt of disability benefit since 1985. In January of this year she was seen by a medical referee who expressed the view that she was capable of work. Subsequently, it was established that the medical referee concerned had previously, in 1989, expressed the same view in this case. His 1989 finding was overturned by an appeals officer at the time.

Because of the exceptional circumstances in this case, it was decided that the January 1992 examination should not be used as a basis for a decision. Accordingly, payment of benefit was restored. It is believed that this action relates to the reference that the person concerned was found incapable on 27 January 1992. At no stage in the last few years was she examined by a medical referee who found that she was incapable.

A new medical refree examination was arranged involving a doctor who had not previously examined the person concerned. After a thorough examination the medical referee expressed the opinion that she was capable of work. On the basis of this report, the deciding officer disallowed the claim with effect from 2 March 1992.

It is open to the person concerned to appeal the decision to disallow her claim to the independent Social Welfare Appeals Office.

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