Bernard Durkan (Kildare North, Fine Gael)
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Question 243: To ask the Minister for Social Protection if he will review disallowance and disallowance on appeal having regard to general practitioners' contradictory evidence in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [42332/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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I am advised by the Social Welfare Appeals Office that an Appeals Officer, having considered all the available evidence, disallowed the appeal.

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.

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