Bernard Durkan (Kildare North, Fine Gael)
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Question 339: To ask the Minister for Social and Family Affairs the reason a disability benefit or invalidity pension has been disallowed in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [40370/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The claim for illness benefit, by 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. Her application for invalidity pension was similarly disallowed. She appealed this decision and was examined by a second Medical Assessor who also expressed the opinion that she was capable of work.

I am advised by the Social Welfare Appeals Office that, in accordance with the statutory requirements, the Department was asked for the documentation in each case and the Deciding Officer's comments on the grounds of the appeals. These have been received and both cases have 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.