Bernard Durkan (Kildare North, Fine Gael)
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Question 1276: To ask the Minister for Social Protection the reason disability allowance has been disallowed in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [32745/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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The person concerned applied for disability allowance on 17 September 2009. His claim was assessed by a medical assessor who was of the opinion that he was not medically suitable for disability allowance. The deciding officer accepted that opinion and a letter issued to the person concerned on 5 November 2009 advising him of this decision and of his right of appeal to the Social Welfare Appeals Office within 21 days. The person then sent in further medical evidence which was reviewed by a medical assessor who considered that there were no grounds to change the original opinion that he was not medically suitable for disability allowance.

The person concerned subsequently appealed the decision. The Appeals Officer decided that it had not been shown that the appellant was substantially restricted in undertaking suitable employment by reason of a specified disability which has continued or is expected to continue for at least one year and, accordingly, on 11 August 2010 the appeal was disallowed and the appellant was notified. An Appeal's Officer's decision is final and conclusive in absence of any fresh facts or evidence.