Brendan Griffin (Kerry South, Fine Gael)
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Question 121: To ask the Minister for Social Protection when a review of a rate of disability allowance will be completed in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [15882/12]

Joan Burton (Dublin West, Labour)
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The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 20 September 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 16 March 2012 and the appeal will, in due course, be assigned to an Appeals Officer for 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.

Derek Nolan (Galway West, Labour)
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Question 122: To ask the Minister for Social Protection the reason a person (details supplied) in County Galway is being denied disability allowance because they are suffering from chronic fatigue syndrome with fibromyalgia, a condition that is not recognised by the disability allowance medical assessors; and if she will make a statement on the matter. [15895/12]

Joan Burton (Dublin West, Labour)
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The person concerned was refused Disability Allowance by the Deciding Officer following an assessment by a Medical Assessor of the Department who expressed the opinion that she was medically unsuitable for Disability Allowance. An appeal was opened and in the context of that appeal, her case was reviewed by a second Medical Assessor who also expressed the opinion that she was unsuitable for Disability Allowance. I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence, disallowed the appeal of the person concerned by way of summary decision.

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. Following the submission of additional evidence the Appeals Officer has reviewed the case and has decided to set aside his decision and re-open the appeal by way of an oral hearing.

There has been a very significant increase in the number of appeals received by the Social Welfare Appeals Office since 2007 when the intake was 14,070 to 2010 and 2011 when the intake rose to 32,432 and 31,241 respectively. This has significantly impacted on the processing time for appeals which require oral hearings and, in order to be fair to all appellants, they are dealt with in strict chronological order. While every effort is being made to deal with the large numbers awaiting oral hearing as quickly as possible, it is not possible to give a date when the person's oral hearing will be heard, but she will be informed when arrangements have been made. 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.