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Social Welfare Appeals

Dáil Éireann Debate, Thursday - 8 March 2012

Thursday, 8 March 2012

Ceisteanna (96, 97, 98)

Brendan Smith

Ceist:

94 Deputy Brendan Smith asked the Minister for Social Protection when an application for disability benefit will be approved in respect of a person (details supplied) in County Monaghan; and if she will make a statement on the matter. [13254/12]

Amharc ar fhreagra

Freagraí scríofa

The Social Welfare Appeals Office has advised me that the illness benefit claim of the person concerned was disallowed by a deciding officer of the Department following an examination by a Medical Assessor who expressed the opinion that she was capable of work. She appealed this decision and in that context she was examined by another Medical Assessor who also expressed the opinion that she was capable of work.

In the light of this, it was decided to afford the person concerned an opportunity of setting out the complete and up to date grounds of her appeal and to furnish any further medical evidence that she wished to submit in support of her appeal. She did this and, at this stage, the Department of Social Protection have been requested to submit relevant documents to the Social Welfare Appeals Office. On receipt, her appeal will be referred to an Appeals Officer for consideration.

Noel Harrington

Ceist:

95 Deputy Noel Harrington asked the Minister for Social Protection if she will expedite the appeal regarding the cessation of illness benefit in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [13266/12]

Amharc ar fhreagra

Payment of illness benefit to the person concerned was disallowed by a Deciding Officer following an examination by a Medical Assessor of the Department who expressed the opinion that he was capable of work. I am advised by the Social Welfare Appeals Office that an appeal was registered, in this case, on 7 March 2012 and in accordance with statutory requirements, the Department was asked for the documentation in the case and the Deciding Officer's comments on the grounds of the appeal. In that context, an examination by another Medical Assessor will be carried out. The person concerned will be notified when arrangements for the examination have been completed. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Sandra McLellan

Ceist:

96 Deputy Sandra McLellan asked the Minister for Social Protection when a decision on a domiciliary care allowance appeal will issue to a person (details supplied) in County Cork; her views on whether seven months is an acceptable length of time for persons to have to wait for appeal decisions; and if she will make a statement on the matter. [13282/12]

Amharc ar fhreagra

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 27 August 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 4 November 2011 and the appeal will be assigned, in due course, to an Appeals Officer who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing.

There has been a very significant increase in the number of appeals received by the Social Welfare Appeals Office since 2007 when the intake was 14,070 to 2010 and 2011 when the intake rose to 32,432 and 31,241 respectively. This has significantly impacted on the processing time for appeals and, in order to be fair to all appellants, they are dealt with in strict chronological order. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

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