# Social welfare medical exam



## pd99 (10 Jun 2009)

My wife has just been called for a medical exam after being on illness benefit for the last year. Has anyone gone through one of these and how strict are they?. How long does it take to be notified of the result of the exam?.


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## gipimann (10 Jun 2009)

There's another thread on the subject here -

http://www.askaboutmoney.com/showthread.php?t=114439

which may be helpful to you.


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## annet (11 Jun 2009)

I'd refer to this link - it gives detailed information on the medical review process.


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## pd99 (11 Jun 2009)

That link is to your profile annet but I see you had a previous post on it. What I was really looking for was anyone who had gone through the exam or knew someone who had. Thanks.


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## annet (12 Jun 2009)

Personal experience yes - and as for how strict they are - the answer to that question is very strict - your wife will have to meet the criteria for continued eligibility for illness benefit - if she doesn't meet it in the opinion of the departments medical assessors your wife's eligibility for illness benefit will be disallowed.  The criteria is unable to work as a result of the certified cause of illness.


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## pd99 (15 Jul 2009)

She was decided as being fit for work even though her doctor has since certified her as being unfit for work so we will send in an appeal. Has anyone had any experience of the appeal process or been successful in an appeal?.


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## cath (22 Jul 2009)

I went for appeal a couple of years back and reckon the system hasnt changed too much.  

Your wife should get as much information together as possible for the appeal.  She will have the right to get access to the medical assessment file that the doctor in the department completed during the exam that she underwent.  This will tell her information that was recorded by the doctor during on the medical assessment.  It also should tell the reason why the doctor considered her fit for work.  Other records that exist may be a report from the medical certifier.  The Department are suppose to notify the medical certifier of the exam and look for a medical report.  All these records can be got through the freedom of information acts.  Who was the doctor that certified your wife as unfit for work.  A consultant would be more credible than a GP.   

Very few cases that come to appeal are successful... I think the figure is around 10%.  You will really have to know what you are doing - and pick flaws that may emerge in the departments decision.  However, just because a medical certifier writes a certificate of incapacity that doesnt necessarily mean that a person is unfit for work - it depends on the nature of the work and whether the illness affects that persons ability to do their work - alot of GPs write certs as matter of course.  

If your wifes case comes for oral hearing, the appeals officers are not doctors - crazy I know.  More than likely your wife be sent back to for another medical examination in the department but this will be done by another doctor.  Like you ask your GP questions - dont be afraid to ask these doctors questions and take note of everything they say and do.  While your wife is entitled to an independent appeals process - this system as it currently stands does not allow for independent medical examinations for illness benefits appeal.

Your wife has two choices - put in the appeal if she is sick and cannot work - or accept the decision of the doctors in the Department and go back to work.  Another thing to consider is whether the employer will accept her returning to work if its against medical advice.


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