Bernard Durkan (Kildare North, Fine Gael)
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Question 377: To ask the Minister for Social Protection, further to Parliamentary Question No. 195 of 21 June 2011, if new evidence submitted following an original refusal was examined sufficiently having particular regard to the fact that clear evidence exists as to ongoing incapacity in respect of which the person is awaiting surgery; if the evidence will therefore be re-examined; and if she will make a statement on the matter. [18805/11]

Joan Burton (Dublin West, Labour)
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The person concerned was awarded an invalidity pension from 24th January 2008. Following a review of the customer's medical eligibility, it was decided that she no longer satisfied the medical criteria for invalidity pension. Accordingly, her invalidity pension payment was terminated from the 5th November 2009.

The claimant appealed this decision and was referred for a second examination, which was carried out by a different medical assessor. The opinion of the second medical assessor also was that the claimant did not satisfy the medical criteria.

Following this medical examination and having considered all the evidence, the appeals officer disallowed the appeal for the person concerned. The customer was notified of this decision and the reason for it in writing on the 26th October 2010. The decision of an appeals officer is final and conclusive in the absence of fresh facts or evidence.

The person concerned subsequently submitted further medical evidence which was referred to a medical assessor. The opinion of this medical assessor was also that the further medical evidence provided did not satisfy the medical criteria for Invalidity Pension. All medical evidence submitted by the person concerned has been referred to a medical assessor for their opinion and has been examined sufficiently.