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Social Welfare Schemes

Dáil Éireann Debate, Tuesday - 31 May 2022

Tuesday, 31 May 2022

Ceisteanna (476)

Bernard Durkan

Ceist:

476. Deputy Bernard J. Durkan asked the Minister for Social Protection if an appeal for an invalidity pension will be reviewed in the case of a person (details supplied) whose medical information was clear, conclusive and supportive of them qualifying for an invalidity pension on medical grounds; the reason that general practitioner medical information is deemed not acceptable or sufficient in this case given the extent of their ongoing medical issues; and if she will make a statement on the matter. [27884/22]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, decided to disallow the appeal of the person concerned by way of a summary decision on 10 February 2022.  Under social welfare legislation the decision of an Appeals Officer is generally final and conclusive and may only be reviewed by an Appeals Officer in the light of new evidence or new facts. 

I am advised that the person concerned subsequently submitted additional evidence on 16 February 2022 and the Appeals Officer agreed to review the case on foot of this additional evidence.  The Appeals Officer did not find any new facts or fresh evidence which warranted a revision of their earlier decision. The person concerned has been notified of the outcome of the review. 

All medical evidence provided was considered by the Appeals Officer in their consideration of their decision and the subsequent review.  In this particular case the person concerned must be deemed to be incapable of work for life in order to meet the qualifying requirements for invalidity pension.  The Appeals Officer determined,following consideration of all the medical evidence including that provided by the general practitioner, that this requirement was not satisfied.

If additional medical evidence is available on this matter at any stage it may be provided to the Appeals Office for a further review.  

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 in relation to social welfare entitlements.

I trust this clarifies the matter for the Deputy.

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