Bernard Allen (Cork North Central, Fine Gael)
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Question 341: To ask the Minister for Social and Family Affairs the reason a person (details supplied) in County Cork was refused disability allowance. [40391/09]

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 a medical assessment, a means test and a habitual residency test.

The person concerned applied for Disability Allowance on 6 March 2009. He was examined by a Medical Assessor who deemed that he was not medically suitable for Disability Allowance. He was refused Disability Allowance on 20 July 2009 and he was formally notified of this decision by letter and of his right of appeal to the Social Welfare Appeals Office. The person submitted further medical evidence which was assessed by a Medical Assessor who again deemed he was not medically suitable for Disability allowance.

An appeal was opened on 25 August 2009 and the Social Welfare Appeals Office has advised me that, in accordance with statutory requirements, the Department was asked for the documentation in the case and the Deciding Officer's comments on the grounds of the appeal. In that context, an examination by another Medical Assessor will be carried out. The person concerned will be advised when the arrangements have been completed.

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