Written answers
Thursday, 9 April 2009
Department of Social and Family Affairs
Social Welfare Benefits
5:00 pm
Jim O'Keeffe (Cork South West, Fine Gael)
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Question 110: To ask the Minister for Social and Family Affairs the extent of medical examinations by medical assessors of applicants for disability allowance bearing in mind the experience of a person (details supplied) in County Cork; and if she will make a statement on the matter. [15083/09]
Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The Medical Review and Assessment system is the principal control mechanism for all illness and disability schemes administered by the Department of Social and Family Affairs. Medical Assessors carry out desk assessments of medical evidence/reports supplied by customers and where required, 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.
All applications for Disability Allowance have to be examined by Medical Assessors to determine if they satisfy the medical conditions applying to the scheme. This assessment is based on the medical evidence contained in the application form completed by the applicant's GP. The Medical Assessor may decide on the basis of the medical evidence in the application that the applicant meets the medical conditions for Disability Allowance or that further medical evidence is required or that the applicant should attend for an in person assessment.
In order to satisfy the medical criteria for Disability Allowance a person must by reason of a specified disability be substantially restricted in undertaking employment of a kind which, if the person was not suffering from that disability, would be suited to the person's age, experience and qualifications.
A person may be regarded as being substantially restricted in undertaking suitable employment where he or she suffers from an injury, disease, congenital deformity or physical or mental illness which has continued or, in the opinion of a deciding officer or an appeals officer, may reasonably expect to continue for a period of at least 1 year.
In the case, referred to by the Deputy, the medical part of the application form was completed by the customer's GP on 12 November 2008 who agreed that his patient was fit to attend a medical examination, if required. On examination of the application the Medical Assessor expressed the opinion that a medical examination was required and this was arranged for 13 January 2009.
In carrying out the medical assessment on 13 January 2009 the Medical Assessor reviewed the customer's medical history and considered all available medical evidence. She conducted a relevant clinical examination and following this, expressed the opinion that the person concerned did not satisfy the medical criteria for receipt of Disability Allowance as the customer's condition was unlikely to last for a year.
Following an appeal, the person concerned was called for a second medical assessment and was examined by a different Medical Assessor on 25 March 2009. This Medical Assessor also expressed the opinion that the customer's condition was unlikely to last for a year.
Both assessments were conducted in a fair, equitable, impartial and independent manner to the highest standards in accordance with accepted medical practice and ethics and were submitted to the Department's Chief Medical Adviser for approval. Every effort has been made to ensure that the interests of the customer concerned were fully safeguarded and all procedures were carried out correctly and in accordance with the Irish Medical Council guidelines.
This case is now being dealt with by the Appeals Office which in its decisions acts independently of the Department of Social and Family Affairs. The Social Welfare appeals system is designed to ensure every appellant's case gets full and satisfactory consideration.
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