The person concerned has been in receipt of disability benefit since 1997. Following a recent examination by a medical assessor of my Department he was considered to be capable of work. A deciding officer consequently decided that he is not entitled to payment of disability benefit.
In determining whether a person is incapable of work for disability benefit purposes account is taken initially of whether the person is fit for their usual work. In reviewing continuing entitlement the person's fitness for other categories of work that they might reasonably be expected to carry out, having regard to their medical condition, would be taken into account.
Following the recent examination the medical assessor expressed the view that, while the person concerned could not perform his usual work, there is a range of other types of work in which he could become involved. The person concerned has engaged in work over the course of his claim, having on two occasions been granted the necessary exemptions from the rules of behaviour of the scheme.
In the light of the Deputy's concern in the matter, however, the case is being referred for an appeal. The person concerned will shortly be referred for a second medical examination by a different medical assessor and will be notified of the date and venue of the examination in due course.
Under social welfare legislation decisions in relation to claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.