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Dáil Éireann díospóireacht -
Wednesday, 17 Jun 1970

Vol. 247 No. 9

Ceisteanna—Questions. Oral Answers. - Social Welfare Application.

7.

andMr. Cott asked the Minister for Social Welfare if he will state in the case of a person (name supplied) why it was that it took 40 weeks to make a decision on his claim for benefit; and if he will make a full statement on this man's application which appears to have been unfairly treated.

The person referred to in the question was in receipt of disability benefit up to 24th September, 1968. Following his examination on 25th September, 1968, by a medical referee of the Department, who expressed the opinion that he was capable of work, it was decided by a deciding officer that he was not entitled to disability benefit from that date. An appeal against this decision was received from his solicitors on 1st October, 1968. On 18th October, 1968, the solicitors were asked to submit a statement of the facts and contentions on which they relied but, despite a reminder on 25th November, 1968, this was not received. A second examination was carried out on 21st November, 1968, by a different medical referee who also expressed the opinion that the insured person was capable of work. The appeal was referred to an appeals officer on 5th December, 1968. The appeals officer decided to take oral evidence on the appeal and arrangements were made for the hearing to take place on 12th February, 1969. At the request of the solicitors the hearing was adjourned until 27th March, 1969, as the insured person was unable to attend. After hearing the evidence the appeals officer requested an examination and report on the insured person by an orthopaedic surgeon. Some difficulty was experienced in obtaining an appointment for the insured person and after a number of postponements the examination took place on 24th June, 1969. The insured person was certified by his own doctor as fit to resume work on 14th July, 1969.

The orthopaedic surgeon's report was received on 24th July, 1969, and, having considered all the evidence, the appeals officer decided on 29th July, 1969, that the insured person was not incapable of work and not entitled to disability benefit in respect of the period from 25th September, 1968, to 8th July, 1969. This decision was communicated to the insured person and to his solicitors on 7th August, 1969.

Is it not a fact that the orthopaedic surgeon to whom this man was referred recommended a further course of physiotherapy for six months? Is this not in total conflict with the report of the medical referee who merely gave him an oral examination?

I have no evidence here to show that this is so but, if the Deputy will communicate with me, I will have a further investigation made and communicate the result of that to him.

This man and his wife and family were left penniless on the side of the road——

The Deputy has a question to ask, I take it.

Is the Parliamentary Secretary aware that this man and his wife and family were left absolutely penniless for the best part of 12 months? Was there nothing his Department could have done to assist them during that period?

I have no evidence before me to that effect. If the Deputy wishes to send the evidence to me I will communicate with him.

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