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Dáil Éireann debate -
Wednesday, 5 Feb 1997

Vol. 474 No. 4

Written Answers. - Medical Assessors.

Brendan Kenneally

Question:

137 Mr. Kenneally asked the Minister for Social Welfare if he has satisfied himself that where the decision of one of his medical referees differs clearly from the opinion of one of the top consultant orthopaedic surgeons, they are in a position to stand over their decision from a medical viewpoint; and if he will make a statement on the matter. [3241/97]

Brendan Kenneally

Question:

138 Mr. Kenneally asked the Minister for Social Welfare the social welfare medical code for the purpose of entitlement in relation to disallowance of disability benefit; and if he will make a statement on the matter. [3242/97]

It is proposed to take Questions Nos. 137 and 138 together.

All the Department's medical assessors are qualified doctors and have been specially trained to carry out medical reviews and assessments. They operate under the general management of the Department's medical adviser. The medical assessor does not make an initial diagnosis of a case, as this is already done by the person's own doctor, but provides a medical opinion as to a person's capacity to work.
The medical assessor reviews the history of the case, considers all available medical evidence, including consultants' reports, carries out a medical examination based on the certified cause of incapacity and expresses an opinion on the extent to which the incapacity, at that point in time, affects the person's ability to work. Examinations are carried out in a fair, equitable, impartial and independent manner to the highest standards in accordance with accepted medical practice and ethics.
Following an examination, the opinion of the medical assessor is passed to a deciding officer who decides on the person's eligibility for benefit based on all the available evidence. If the claim is disallowed the person is notified in writing and advised of his-her right to appeal the decision. As part of the preparations for an appeal, and to ensure that the case is dealt with as fairly as possible, the person concerned would be examined by another medical assessor.
Every effort is made to ensure that the interests of persons called for examination are fully safeguarded. Their own doctors are advised of the forthcoming examinations and invited to submit appropriate medical reports including any recent consultants' reports. In addition, the person's doctor may attend the examination if he or she so wishes. A nurse attendant is always present during examinations.
Medical assessors must have at least six year's satisfactory experience in the practice of medicine since registration. Many of them have specialist qualifications. All reports of the medical examinations they carry out are submitted to the Department's chief medical officer — the medical adviser — for approval. I am satisfied that the Department can stand over these reports.
If the Deputy has a particular case in mind, I will be glad to have it investigated if he supplies the relevant details.
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