Bernard Durkan (Kildare North, Fine Gael)
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Question 32: To ask the Minister for Social Protection if she has studied the extent to which medical assessors in her Department frequently discount medical evidence provided by applicants for various disability payments in respect of illness which limit the patients ability to work including in some cases patients suffering from cancer or other serious illness; if her attention has been drawn to the pain, suffering and stress caused to such sufferers when faced with the opinion of her medical assessors that the person is not unfit for work; if she will examine the situation as a matter of urgency with a view to addressing such issues; and if she will make a statement on the matter. [36292/11]

Joan Burton (Dublin West, Labour)
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The Department's Medical Assessors are fully qualified and experienced practitioners who provide a second opinion to that of the person's own doctor for the guidance of deciding officers. Their assessments conform to the ethical conduct and behavioural guidelines of the Medical Council. Medical Assessors are required to be medical practitioners who are on the general register of medical practitioners while holding an appointment. They must have at least six years' satisfactory experience in the practice of medicine since registration. Many of the Medical Assessors have specialist post-graduate qualifications. They also have special training in eligibility assessment and disability evaluation.

The Medical Assessors have an ongoing commitment to continuing medical education to ensure that standards are maintained and enhanced. Every effort is made to ensure that the interests of persons called for assessment are fully safeguarded. Their own certifiers are advised of the scheduled assessments and invited to submit any appropriate medical reports including references to any recent assessments by consultants. In addition it is open to a certifier to attend an assessment if he or she so wishes. A Nurse Attendant is always present during assessments.

In carrying out assessments the Medical Assessor considers all medical evidence presented and expresses an opinion based on findings. All assessments are carried out in accordance with the accepted guidelines of the Irish Medical Council.

The Medical Assessor does not dispute the existence of the certified cause of incapacity but rather assesses the degree to which the loss of function in work-related activities, resulting from disease or injury, affects the person's ability to perform either their own job or alternative types of work. Assessments are conducted in a fair, equitable, impartial and independent manner to the highest standards in accordance with accepted medical practice and ethics. They are also conducted in a manner which displays full regard for the dignity and integrity of the person being assessed.

If a decision, based on the opinion of a Medical Advisor, is unfavourable to a customer, the customer has a right of appeal to the independent Social Welfare Appeals Office. Before an appeal is heard by an Appeals Officer, the customer is afforded a second medical assessment by a different Medical Assessor to the one who gave the original unfavourable opinion. Should the Deputy have any specific case(s) which causes him concern, these can be reviewed by the Chief Medical Adviser.