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Disability Allowance Appeals

Dáil Éireann Debate, Thursday - 11 July 2013

Thursday, 11 July 2013

Questions (138)

Bernard Durkan

Question:

138. Deputy Bernard J. Durkan asked the Minister for Social Protection the basis on which two medical officers decided that a person (details supplied) in County Kildare was deemed not incapable of work in view of the extent of their medical treatment and dependence on medication and frequent visits to doctors and consultants; if a person in receipt of such continued treatment is likely to be found acceptable to an employer on health and safety grounds; if in such circumstances their case will be urgently reviewed notwithstanding their current appeal; and if she will make a statement on the matter. [34156/13]

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Written answers

The Medical Review and Assessment system is the principal control mechanism for illness and disability schemes administered by the Department of Social Protection. All medical assessments are carried out by the Department’s Medical Assessors who present their medical opinions for the guidance of the Deciding Officers in the scheme areas. Medical Assessors conduct in person assessments in order to provide a second medical opinion for the guidance of Deciding and Appeals Officers. All assessments are carried out in accordance with the accepted guidelines of the Irish Medical Council.

The person named attended for a medical assessment by one of the Department’s Medical Assessors on 18 April 2013. All medical evidence submitted from his medical practitioner was taken into consideration by the Medical Assessor as part of this in person assessment. In this case, the person named was found to be Capable of Work. The customer appealed the decision and following this a second medical assessment was arranged and carried out by a different Medical Assessor on 14 June 2013, as part of the Appeals Process. All medical evidence available to both Medical Assessors was reviewed.

The medical opinion expressed was that the person named was capable of sedentary type work. The implication of this medical opinion will be work in the light/moderate categories such as: office work, sales, driving, security, phone work etc. The case is now with the independent Social Welfare Appeals Office who contacted the customer on 20 June 2013 seeking his up to date grounds of appeal. The appeal is still ongoing.

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