Frequently Asked Questions
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I am claiming under Category B, Form 1B – how do I establish significant disability?
Please see RELEVANT ISSUES section of the website for guidance.
A current medical report based upon a subjective history of events as you tell them to a doctor is unlikely to be sufficient evidence to satisfy the requirements of 1B of the Scheme. Objective evidence showing medical investigations or treatment over the years attributable to the surgical symphysiotomy will be required.
The GP I attended until recently has retired / passed away and I cannot get my medical records from the time of my symphysiotomy or the decades after – what can I do?
If you have attended with your GP over the years with difficulties related to surgical symphysiotomy then you may have been referred to other specialists such as Urologists or Orthopaedic Consultants for further investigations or treatment.
If you have long standing difficulties from the time of the symphysiotomy which required a prescription or incontinence pads, your pharmacist may have a record of providing you with the necessary treatment over the years.
These types of records may assist you in establishing symphysiotomy-related disability for the purposes of 1B of the Scheme.
(14.1.15) Can Judge Clark accept applications after the 14th January 2015?
No. After the 14th January 2015, Judge Clark has no discretion to receive any late applications. The Scheme is closed. No further applications can be received.
Despite request, I don’t have my medical records but I have been sent an extract from a hospital register by the Hospital indicating that I had a surgical symphysiotomy, will that do?
If the hospital has confirmed that it cannot locate your records but the relevant register(s) confirms that you underwent a surgical symphysiotomy within the timeframe set out in the Scheme then Judge Clark will accept this as evidence of the operation.
If I am successful, will any award from the Payment Scheme affect my social welfare or Fair Deal?
Awards will be exempt from tax and legislation is being put in place as a matter of urgency to ensure they are also exempt from being taken into consideration for means tested welfare schemes and for the Nursing Home Support Scheme.
I have already issued court proceedings – do I have to abandon those proceedings to apply for the Scheme?
No. An application to the Scheme can be made notwithstanding legal proceedings in being. Any claimant retains the right to challenge any alleged inappropriate surgical procedures through the courts. An application to the Scheme does not affect this.
If an application is assessed and an award offered, a condition to accepting any such award made under the Scheme requires any legal proceedings to be discontinued. This remains always your free choice – at that time you can decide to refuse the award under the Scheme and proceed with your legal proceedings or accept the award and discontinue any legal proceedings.