Bernard Durkan (Kildare North, Fine Gael)
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Question 116: To ask the Minister for Social Protection the degree to which a medical condition has improved to warrant discontinuation of invalidity pension in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [26808/11]

Joan Burton (Dublin West, Labour)
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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 which she attended on 17th February 2010. 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.

Further medical evidence received in relation to the person concerned, having been viewed by the medical assessor, did not alter the original opinion. It was considered that this evidence did not contain any new facts or evidence and accordingly there were no grounds to review the appeals officer's decision.

If there has been a change in circumstances and the person concerned feels she would now satisfy the eligibility criteria for invalidity pension she may reapply.