Bernard Durkan (Kildare North, Fine Gael)
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Question 426: To ask the Minister for Social Protection further to Parliamentary Question No. 237 of the 8 of May 2012, if the medical assessors of her Department are satisfied that they are competent to express a superior medical opinion to that offered by a doctor (details supplied); if she will set out the medical opinion in accordance with her Department's evidence based medical protocols and guidelines which were used to disqualify eligibility in this case; if it is therefore contended that the latter opinion has full regard for due process and natural justice in view of the professional opinion offered by the doctor or whether the said protocols and guidelines are arbitrarily used to dismiss the evidence supplied by the doctor; and if she will make a statement on the matter. [25449/12]

Joan Burton (Dublin West, Labour)
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The medical assessors do not question the diagnosis of the applicant's treating physician. Their role is to assess the implications of the diagnosis on the applicant's ability to work. In so doing they are guided by evidence based protocols and I am satisfied that they have the experience and competency to apply these protocols and make the appropriate assessments.

I am also satisfied that the Department has robust review and appeals processes in place to deal with cases where the applicant believes that a medical assessor has erred in assessing their case. In cases where the opinion of one of the Department's medical assessors is challenged it is standard practice that the details of the case are reviewed by a different medical assessor. Where this second medical assessor concurs with the opinion of the first assessor the applicant may appeal the case to the independent appeals office.

With regard to the case in question the details of the case were reviewed by the Department's Chief Medical Advisor. The Chief Medical Advisor has concluded that the criteria for Invalidity Pension have been met.