Bernard Durkan (Kildare North, Fine Gael)
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Question 270: To ask the Minister for Social Protection the position regarding invalidity appeal in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [18801/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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Payment of invalidity pension, to the person concerned, was disallowed by a Deciding Officer following an examination by a Medical Assessor of the Department who expressed the opinion that she was capable of work. An appeal was opened and in the context of that appeal, her case was reviewed by a second Medical Assessor who also expressed the opinion that she was capable of work.

I am informed by the Social Welfare Appeals Office that, in the light of this second medical opinion, that office decided to afford her an opportunity of setting out the complete and up to date grounds of her appeal. On receipt of her response the relevant departmental papers will be requested from the Department and the appeal will then be referred to an Appeals Officer for consideration.

The Social Welfare Appeals Office functions independently of the Minister of Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.