The person concerned submitted an application for Disability Allowance (DA) on 21 December 2020. Their application, based upon all the evidence submitted, was refused on medical grounds as it was not found that this person was substantially restricted in taking up employment. The person concerned was notified in writing of this decision on 19 April 2021.
The person concerned lodged an appeal and submitted further medical evidence for consideration to the independent social welfare appeals office (SWAO). On 3 August 2021 the SWAO notified the Department that the original decision was upheld and the appeal was disallowed. The person concerned was notified directly by the SWAO of the decision on their appeal. An appeals officer (AO)’s decision is final and conclusive, in the absence of any fresh facts or evidence.
The medical evidence provided by the Deputy with this question was not previously submitted to the Department by the person concerned. Therefore, it was not considered by the Deciding Officer when reaching a decision on their entitlement to DA.
This evidence has now been forwarded to the independent SWAO for consideration under Section 317 of the Social Welfare Consolidation Act 2005, as amended. Once the SWAO has completed its consideration of the new evidence, that office will notify the person concerned directly of the outcome.
I trust this clarifies the matter for the Deputy.