The average length of time taken to deal with all appeals (i.e. those decided summarily and by way of an oral hearing) by the Social Welfare Appeals Office in 2005 was 20 weeks. However, if allowance is made for the 25% most protracted cases, the average time falls to 13 weeks.
The processing time for appeals covers all phases of the appeal process including the submission by the Department of Social and Family Affairs of its comments on the grounds for the appeal, further examinations by the Department's Medical Assessors in certain sickness related cases, and the holding of oral hearings which are currently afforded in two out of every three cases determined by Appeals Officers.
Circumstances can arise, normally outside of the control of the Social Welfare Appeals Office, which can have the effect of unduly prolonging the time taken to process appeals. For example, delays can occur where the appellant furnishes new evidence which requires investigation at a late stage in the proceedings or where an adjournment of an oral hearing may be sought by the appellant or his or her representatives.
An oral hearing is granted at the discretion of the Appeals Officer usually in circumstances where there is a conflict in the evidence presented by both parties or where an oral hearing is requested by the appellant in order to present his or her case adequately. Given the logistics involved in organising oral hearings, the average length of time is increased by about 8 weeks where an oral hearing is involved.
The Social Welfare Appeals Office deals with about 14,000 appeals on an annual basis and the processing time in relation to oral hearings is kept under constant review. The nature of the service provided is judicial and the procedures in place for determining appeals are designed to ensure that each case receives full and satisfactory consideration. Consequently, improvements in processing times must be achieved in a manner which is consistent with justice being seen to be done and the need to ensure that every appeal is fully investigated and determined on all its circumstances.