Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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To ask the Minister for Social Protection if she will expedite an appeal on an application for illness benefit in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [40080/12]

Joan Burton (Dublin West, Labour)
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The Social Welfare Appeals Office has advised me that the appeal from the person concerned was examined by a Medical Assessor of the Department of Social Protection who was of the opinion that he was capable of work. He appealed this decision on 20th January 2012 and in that context he was examined by another Medical Assessor who also expressed the opinion that he was capable of work.

In the light of this, it was decided to afford the person concerned an opportunity of setting out the complete and up to date grounds of his appeal and to furnish any further medical evidence that he wished to submit in support of his appeal. He did this and the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of were sought on 14th June 2012. When received, the appeal in question will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.

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.