Payment of disability benefit was disallowed from 23 June 1990, following an examination by a medical referee, who expressed the opinion that the person concerned was capable of work. She appealed this decision and was examined by a different medical referee on 3 August 1990, who also expressed the opinion that she was capable of work.
She pursued her appeal and her case was referred to the social welfare appeals office. Following an oral hearing on 16 January 1991 an appeals officer decided that she was not incapable of work within the meaning of the Social Welfare Acts from 23 June 1990 and not entitled to be paid disability benefit from that date.
The decision of the appeals officer is final and may only be altered in the light of new facts or fresh medical evidence. The person concerned has continued to submit medical certificates in support of her claim that she is incapacitated. Arrangements are being made to have her examined by a different medical referee in the near future and her entitlement to benefit will be reviewed in the light of that examination.