Bernard Durkan (Kildare North, Fine Gael)
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Question 423: To ask the Minister for Social Protection the extent to which the most recent medical evidence submitted in respect of an application for disability allowance was considered by a medical assessor in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [24215/11]

Joan Burton (Dublin West, Labour)
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The person concerned has not submitted a claim for Disability Allowance. I believe the Deputy is referring to a claim for invalidity pension.

The person concerned was awarded an invalidity pension from 24th January 2008.

On 16th October 2009 she was called for and attended a medical examination and was assessed in-person by a medical assessor. 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.

She appealed this decision and was referred for a second in-person medical examination. She attended this medical examination on 17th February 2010. This medical examination was carried out by a different medical assessor. The opinion of the second medical assessor also was that the person concerned 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. She 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 written medical evidence which was referred to a medical assessor for their consideration. The opinion of this medical assessor was that the further medical evidence provided did not contain any fresh facts or evidence in the case. Consequently, the person in question remains ineligible for invalidity pension.