Bernard Durkan (Kildare North, Fine Gael)
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To ask the Minister for Social Protection the progress made to date in the determination of an appeal to refuse illness benefit in the case of a person (details supplied) in Dublin 6 who has submitted conclusive medical evidence of their condition and who is clearly not capable of employment for the foreseeable future; if basic payment is being issued in the interim; and if she will make a statement on the matter. [52076/12]

Joan Burton (Dublin West, Labour)
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The claim for illness benefit, by the person concerned, was disallowed by a Deciding Officer of the Department following an examination by a Medical Assessor who expressed the opinion that he was capable of work.

I am advised by the Social Welfare Appeals Office that an appeal was opened on 13th November 2012 and in accordance with statutory requirements the Department was asked for the documentation in the case and the Deciding Officer’s comments on the grounds of the appeal. In that context, an examination by another Medical Assessor will be carried out. The person concerned will be notified when arrangements for the examination have been completed.

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.