Michael McNamara (Clare, Labour)
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To ask the Minister for Social Protection when a decision will be made on an appeal for illness benefit in respect of a person (details supplied) in County Clare; and if she will make a statement on the matter. [42223/12]

Joan Burton (Dublin West, Labour)
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The Social Welfare Appeals Office has advised me that the claim from the person concerned was examined by a Medical Assessor of the Social Welfare Services who was of the opinion that she was capable of work. She appealed this decision and in that context she was examined by another Medical Assessor who also expressed the opinion that she 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 her appeal and to furnish any further medical evidence that she wished to submit in support of her appeal. She did this and, at this stage the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal have been sought. When received, the appeal in question will be referred in 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.