Pat Breen (Clare, Fine Gael)
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To ask the Minister for Social Protection when a decision on a disability allowance appeal will issue to a person (details supplied) in County Clare; and if she will make a statement on the matter. [52388/12]

Joan Burton (Dublin West, Labour)
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The disability allowance application by the person concerned was disallowed by a Deciding Officer of the Department following an assessment by a Medical Assessor who expressed the opinion that she was medically unsuitable for the allowance.

I am advised by the Social Welfare Appeals Office that an appeal was opened and in the context of that appeal her case was reviewed by a second Medical Assessor who also expressed the opinion that she was medically unsuitable for disability allowance. In accordance with statutory procedures the relevant Departmental papers and comments by or on behalf of the Deciding Officer have been sought. On receipt of their response the case 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.