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Social Welfare Appeals Delays

Dáil Éireann Debate, Thursday - 16 May 2013

Thursday, 16 May 2013

Questions (153)

Catherine Murphy

Question:

153. Deputy Catherine Murphy asked the Minister for Social Protection her plans to review processes in her Department in situations where an appeal against a refusal is accepted and registered with the appeals office and where there is often a long delay in the appeals office receiving the file from the relevant scheme department, in some cases leading to excessive delays in the ability of the appeals office to decide the case in a timely manner, in some cases decisions can exceed a full year (details supplied); if she will she outline the process involved and identify the part of that process is causing the delay or delays in sending the files to the appeals office; and if she will make a statement on the matter. [23411/13]

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Written answers

The Department is committed to delivering the best possible service to its customers and works to ensure that claims and appeals are processed in the most efficient and expeditious way possible, having regard to the eligibility conditions that apply to each scheme.

There have been significant improvements in work practices across all schemes during the past year, specifically in the illness related schemes which underwent major service delivery modernisation projects. In addition major process improvement projects have been completed with significant improvements in processing times and the elimination of backlogs in many scheme areas.

As a consequence of the very high number of decisions made in the last year, there has been a corresponding substantial increase in the number of appeals being received. This had put pressure on the administration of appeals and resulted in some delays which are regrettable. This is being addressed and will be cleared in the next number of months. In addition, delays did develop in the processing of medical assessments and reviews due to a combination of factors including the increased workload for medical assessors and the reduced number of medical assessors due to retirements. The Department has addressed this issue by recently running a competition to establish a new panel of medical assessors. To date six Medical Assessors have been appointed from this panel, three of whom took up duty in November 2012 and a further three in March of this year. It is expected that a further four medical assessors will be appointed from the panel in the near future.

I place great emphasis on ensuring that all appeals are processed in a timely manner but the length of time from when an appeal against a refusal is accepted and registered with the appeals office to where the appeals office receives the file from the relevant scheme area varies. Depending on the case quite a few activities must occur before the file can be finalised for submission to the appeals office, including time spent in the scheme area for comment by the Deciding Officer on the grounds of appeal put forward by the appellant, and any further investigation, examination or assessment by the Department's Inspectors and Medical Assessors that is deemed necessary. Because of its quasi-judicial nature, the processing of appeals takes time and reflects the fact that, by definition, the appeal process cannot be a quick one.

In relation to the specific case highlighted I can confirm that the Department received a Carer's Allowance application from the person in question on the 23rd of February 2012. The person concerned was refused carers allowance on the grounds that the care recipient is not so disabled as to require full time care and attention as prescribed in regulations. He was notified of this decision, the reason for it, and of his right of review or appeal on the 8th of August 2012. The applicant subsequently appealed this decision and sent in further medical evidence on the 31st of August 2012. This medical evidence was scanned on 22nd of September 2012 and a review of the medical evidence was completed by a Medical Assessor on the 7th of January 2013. The additional information did not alter the opinion of the medical assessor, the deciding officer saw no grounds to change the original decision and the file was submitted to the Social Welfare Appeals Office on the 18th of January 2013. An Appeals Officer upheld the original decision to disallow the application and the appeal was disallowed on the 16th of April 2013. Following the receipt of further medical evidence, the file was subsequently recalled by the Social Welfare Appeals Office and was returned to them on 30th of April 2013. The file is currently with an Appeals Officer since the 3rd of May 2013.

Questions Nos. 154 and 155 withdrawn.
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