Bernard Durkan (Kildare North, Fine Gael)
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Question 184: To ask the Minister for Social Protection when an appeal in respect of Invalidity pension will be processed in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [44648/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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The person concerned was awarded invalidity pension from 24th January 2008. She received her pension up to and including 4th November 2009.

Her payment was stopped by the Department with effect from 5th November 2009 as she was deemed to be "not permanently incapable of work" following a medical examination on 16th October 2009.

The person concerned appealed this decision and was referred for another medical examination on 17th February 2010, which was carried out by a different medical assessor. The opinion of the second medical assessor also was that the person concerned "is not permanently incapable of work".

Following this second medical examination and having considered all the evidence, the appeals officer disallowed the appeal.

The customer was notified of this decision and the reason for it, in writing on the 26th October 2010. A decision of an appeals officer is final and conclusive, in the absence of fresh evidence relevant to the appeal.