Michael Ring (Mayo, Fine Gael)
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Question 221: To ask the Minister for Social and Family Affairs if another appeal will be opened in respect of a person (details supplied) in County Mayo; and the other avenues open to them following the decision by the deciding officer to refuse the appeal. [39434/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The claim for disablement benefit, by the person concerned, was allowed by a Deciding Officer of the Department following an assessment by a Medical Assessor who was of the opinion that the loss of faculty in this case was 40%.

The person concerned appealed this decision and I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence, including that adduced at an oral hearing, disallowed the appeal of the person concerned.

Under Social Welfare legislation, the decision of the Appeals Officer is final and conclusive and may only be reviewed by the Appeals Officer in the light of new evidence or new facts. If there is any new evidence or new facts pertinent to this case that was not brought to the attention of the Appeals Officer during the determination of this appeal, they may be submitted to the Social Welfare Appeals Office for further consideration. Additionally, the Chief Appeals Officer has power under the Social Welfare Consolidation Act, 2005 to revise any decision where it appears to him that the Appeals Officer's decision was erroneous by reason of some mistake having been made in relation to the law or the facts. In making a request for such a review an appellant must set down the reasons why he or she believes a mistake was made having regard to the application of the law or the facts.

The Social Welfare Consolidation Act 2005 also provides that any person who is dissatisfied with either the decision of the Appeals Officer or the outcome of the review carried out by the Chief Appeals Officer may appeal that decision and/or outcome, as the case may be, to the High Court on any question of law.

The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Seán Sherlock (Cork East, Labour)
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Question 222: To ask the Minister for Social and Family Affairs the status of an appeal for disability allowance by a person (details supplied) in County Cork; and if she will make a statement on the matter. [39470/09]

Seán Sherlock (Cork East, Labour)
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Question 224: To ask the Minister for Social and Family Affairs the status of an appeal for disability allowance by a person (details supplied) in County Cork; and if she will make a statement on the matter. [39586/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 222 and 224 together.

The Social Welfare Appeals Office has advised me that, following receipt of the relevant Departmental papers including comments on the grounds of appeal, the appeal from the person concerned has been referred to an Appeals Officer for consideration.

The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.