Dinny McGinley (Donegal South West, Fine Gael)
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Question 217: To ask the Minister for Social and Family Affairs the position regarding the appeal of disability allowance for a person (details supplied) in County Donegal. [19178/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The claim for disability allowance, by the person concerned, was disallowed by a Deciding Officer of the Department on 02 December 2008 following an examination by a Medical Assessor who expressed the opinion that she was medically unsuitable for the allowance. She appealed this decision on 17 December 2008 and she was examined by a second Medical Assessor on 03 February 2009 who also expressed the opinion that she was medically unsuitable for disability allowance.

I am advised by the Social Welfare Appeals Office that, in accordance with the statutory requirements, the Department was asked for the documentation in the case and the Deciding Officer's comments on the grounds of the appeal. These have been received and the case has been referred to an Appeals Officer who proposes to hold an oral appeal hearing, a date for which has not yet been scheduled. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on Social Welfare entitlements.

Question No. 218 answered with Question No. 215.