Thursday, 12 July 2012

Questions (145)

Bernard J. Durkan

Question:

147 Deputy Bernard J. Durkan asked the Minister for Social Protection the reasons for refusal of disability allowance in the case of a person (details supplied) who is deemed by their consultant as being unfit for work, if this inquiry will be taken as grounds for appeal and-or referral for oral hearing; if an application for invalidity pension is more appropriate in this case; and if she will make a statement on the matter. [34276/12]

View answer

Written answers (Question to Minister for Social Protection)

Following receipt of the application for disability allowance from the person concerned the medical evidence supplied with his claim was referred to one of the department's medical assessors who was of the opinion, based on the information supplied, that the person was not medically suitable for disability allowance. The deciding officer accepted this opinion and refused the claim and the person was notified in writing of this decision.

Further medical evidence received from the person was referred to another medical assessor who was also of the opinion, based on the information supplied, that the person was not medically suitable for disability allowance. The deciding officer accepted this opinion and the original decision to refuse the claim remained unchanged and the person was notified in writing of this outcome.

When conducting an assessment, the medical assessor does not dispute the existence of the certified cause of incapacity but rather s/he assesses the degree to which the loss of function in work-related activities, resulting from disease or injury, affects the person's ability to perform either their own job or alternative types of work.

The Social Welfare Appeals Office has advised me that any appeal in this case should be made directly to the Chief Appeals Officer, Social Welfare Appeals Office, D'Olier House, D'Olier Street, Dublin 2, by the person concerned, within 21 days of notification that the review of his disability allowance application was unsuccessful.

An application form and information booklet for invalidity pension has been issued directly to the person today. He should complete and return this form in the freepost envelope provided, upon receipt of which, his entitlement will be examined and he will be notified of the outcome in due course.