The person concerned was in receipt of disability benefit from 5 December 1995 as a result of an injury to his elbow. His claim was disallowed from 8 January 1998 following an examination by a medical assessor of the Department who considered that he was capable of work. He appealed this decision to the independent social welfare appeals office and he was examined by another medical assessor who was also of the opinion that he was capable of work.
Following an oral hearing of his appeal an appeals officer determined that the person concerned was not incapable of work. The appeals officer noted that although the person's condition might prevent him from resuming his former occupation, he is not incapable of work within the meaning of social welfare legislation and had, in fact, worked for some months following the injury on light duties with his former employer.
Arising from representations from the Deputy, a further examination by a medical assessor was held on 25 January 1999. The person was again found capable and the appeals officer confirmed that there are no new facts or evidence as to warrant a revision of his decision.