Michael Ring (Mayo, Fine Gael)
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Question 967: To ask the Minister for Social and Family Affairs the length of time an average appeal takes; the number of people waiting to be called for an oral hearing; the average waiting time for an oral hearing date; the proposals she has to address the backlog of appeals; and if she will make a statement on the matter. [1510/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I am advised by the Social Welfare Appeals Office that during 2007 the average time taken to process all appeals (i.e. those decided summarily and by way of oral hearing) was 22 weeks. However, if allowance was made for the 25% most protracted cases, the average time fell to just over 14 weeks. Oral hearings are granted at the discretion of the Appeals Officer usually in circumstances where there is a conflict in the evidence presented by both parties or where an oral hearing is requested by the appellant in order to present his or her case. Given the logistics involved in organising oral hearings, the average length of time is increased by about 8 weeks when an oral hearing is involved. Processing times for 2008 are being compiled at present but are expected to be at least of the same order if not higher having regard to a 27% increase in appeals received for 2008. At present there are 1,486 cases waiting for an oral hearing.

The processing time for appeals covers all phases of the appeal process including the submission by the Department of its comments on the grounds for the appeal, further examination by the Department's Medical Assessors in certain illness related cases and further investigation by Social Welfare Inspectors where required. Circumstances may also arise, normally outside of the control of the Social Welfare Appeals Office, which have the effect of unduly prolonging the time taken to process appeals. For example, delays can occur where the appellant submits new information or evidence, often at an advanced stage in the proceedings. In some cases adjournments may be sought by the appellant or his/her representative.

Having said that, however, I am concerned about processing times for appeals being further increased and, having regard to the current level of appeals awaiting determination, two additional Appeals Officers were appointed in January to the Social Welfare Appeals Office. Furthermore, in the light of the current situation, I am advised that the Chief Appeals Officer is initiating a review of current processes with a view to achieving a more effective throughput of appeals having regard to due process in terms of the rights of appellants and adherence to the requirements of natural justice. While improving processing times remains a major objective of the Social Welfare Appeals Office, it is necessary at all times to ensure that progress in this regard is achieved in a manner which is not in conflict with the demands of justice and the requirement that every appeal be fully investigated and examined on all its merits.

Michael Ring (Mayo, Fine Gael)
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Question 968: To ask the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will receive his or her disability allowance payment backdated to 13 November 2007 following his or her successful appeal. [1512/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Disability Allowance is a weekly Allowance paid to people with a specified disability who are aged over 16 and under 66. The disability must be expected to last for at least one year and the allowance is subject to both medical assessment and a means test. Following an appeal against refusal of disability allowance to the Social Welfare Appeals Office, the person concerned was awarded Disability Allowance on 18 November 2008 with effect from 14 November 2007. Her first payment was lodged to her local post Office on 10 December 2008. During the period in question, the person concerned was paid Illness Benefit totalling €9,560.33 and also paid Supplementary Welfare Allowance totalling €1,618.27. Accordingly there are no further arrears due.