Vol. 576 No. 1
97 Mr. J. O'Keeffe asked the Minister for Social and Family Affairs the number and percentage of decisions by medical referees overturned on appeal; if she has satisfied herself with the operation of the system; and if she has proposals for change. [28988/03]
All decisions on claims are made by deciding officers and appeals officers who are statutorily appointed for that purpose. The reports of medical assessors represent an important part of the evidence on which determinations are made in cases relating to sickness or disablement issues. Where a person is dissatisfied with the decision of a deciding officer, he or she may appeal against it. In cases where there is a medical issue involved it is normal to seek the opinion of a medical assessor of my Department. Appeals officer determinations are not made solely on the basis of reports by medical assessors. The appeals officer will take account of all available evidence, including medical reports furnished by the appellant and evidence adduced at any oral hearing. The main categories of social welfare payments where the opinion of medical assessors may be sought are disability benefit, disability allowance, invalidity pension and disablement benefit.
In disability benefit cases the question normally at issue is whether the person is incapable of work. When an appeal is received against a decision that a claimant is not incapable of work it is normally referred for a second opinion of a different medical assessor. If this assessor considers that the appellant is incapable the case is referred back to the deciding officer for a revised decision. In 2002, out of 3,432 disability benefit appeals disposed of, a total of 1,363, 40%, were the subjects of such revised decisions. A further 658, 20%, were allowed by the appeals officer.
The issue in disability allowance cases is whether the claimant fulfils the statutory conditions, including the medical requirements, for receipt of payment. The appeals procedure in this scheme is similar to disability benefit. There were 1,827 appeals disposed of in this category during 2002, although this would include cases where the question at issue, that is the appellant's means, was non-medical. Figures for the outcomes of appeals in the category show that 558, 31%, were revised by deciding officers and 356, 19%, allowed by the appeals officer.
The issue in regard to invalidity pension cases is whether a person is permanently incapable of work. Procedures for invalidity pensions appeals also involve a second examination by a medical assessor. The figures for 2002 show that there were 554 such appeals disposed of during that year. The number of these appeals where the deciding officer revised his-her original decision in the light of further evidence on appeal was 292, 53%. A further 103, 18%, were allowed by the appeals officer.
