Bernard Durkan (Kildare North, Fine Gael)
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To ask the Minister for Social Protection if and when an appeal for disability allowance will be determined in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [40480/12]

Joan Burton (Dublin West, Labour)
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The person concerned applied for disability allowance on 2 December 2011. The medical evidence supplied with her claim was referred to one of the department’s medical assessors who was of the opinion, based on the information supplied, that the person was not medically suitable for disability allowance. The deciding officer accepted this opinion and the claim was refused and the person was notified in writing of this decision on 2 May 2012.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 19 June 2012. The Department was notified of this appeal also on 19 June 2012. It is a statutory requirement of the appeals process that the relevant departmental papers and comments by the deciding officer on the grounds of appeal be sought and I understand this has been done.

As part of the person’s appeals process, the department referred all the medical evidence received to a second medical assessor for review. When the deciding officer receives the opinion of the medical assessor a decision will be made and the appeal will be referred, if necessary, to an appeals officer who will decide whether the case should be decided on a summary basis or whether to list it for oral hearing.