Patrick Nulty (Dublin West, Labour)
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Question 233: To ask the Minister for Social Protection the position regarding disability allowance appeal in respect of a person (details supplied) in Dublin 15; if an early oral hearing will be granted; the reason for the delay; and if she will make a statement on the matter. [33196/12]

Joan Burton (Dublin West, Labour)
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To date, no appeal has been received from the person concerned in relation to the refusal of their disability allowance application.

The person concerned also made a claim for invalidity pension and was refused on medical grounds. He appealed the decision to disallow him an invalidity pension. An appeals officer found that the appellant failed to show that he was permanently incapable of work due to illness/disability within the meaning of Social Welfare legislation and, accordingly, the appeal was disallowed.

An appeals officer's decision is final and conclusive in absence of any fresh facts or evidence. The person concerned was notified of this decision in writing on 19 December 2011.

It is open to the person concerned to make a new claim for invalidity pension or disability allowance.