Dáil Éireann díospóireacht -
Thursday, 20 Nov 1997

Vol. 483 No. 2

Written Answers. - Social Welfare Benefits.

Bernard J. Durkan

Ceist:

146 Mr. Durkan asked the Minister for Social, Community and Family Affairs the reason disability benefit has been refused in the case of a person (details supplied) in County Kildare in view of the fact that her general practitioner is adamant that this person is not suitable for the type of wide range of employment suggested by the appeals officer and that no medical practitioner could certify her as fit for alternative employment unless mistaking the facts thereby incurring possible liability to an employer; and if he will make a statement on the matter. [20013/97]

Minister for Social, Community and Family Affairs (Mr. D. Ahern)

The person concerned was in receipt of disability benefit from 15 April 1993. Payment was disallowed by a deciding officer from 24 March 1997 following an examination by a medical assessor who considered that she was capable of work. The person concerned appealed this decision to the independent social welfare appeals office and in the context of her appeal she was examined by another medical assessor who was also of the opinion that she was capable of work. The case was also considered by the Department's deputy chief medical adviser.

Following an oral hearing of her appeal on 14 October 1997, and taking account of all the evidence available in the case, an appeals officer decided that she was not incapable of work within the meaning of the social welfare Acts and disallowed her appeal. She was notified of the appeals officer's decision on 10 November. The appeals officer's decision is final and conclusive in the absence of new evidence or new facts or any change of circumstances since the decision was given.