Willie O'Dea (Limerick City, Fianna Fail)
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403. To ask the Minister for Social Protection if she will confirm receipt of correspondence from a person (details supplied); her views on the delay of over twenty months for invalidity pension for this applicant in view of her recent comments that no applicant has been awaiting decision for more than a year; and if she will make a statement on the matter. [27332/13]

Joan Burton (Dublin West, Labour)
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The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 2 April 2012. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 7 December 2012 and the case was referred to an Appeals Officer. The Appeals Officer having fully considered all the available evidence disallowed the appeal of the person concerned by way of summary decision. The person concerned was notified of the Appeals Officer decision on 15 February 2013.

Under Social Welfare legislation, the decision of the Appeals Officer is final and conclusive and may only be reviewed by the Appeals Officer in the light of new evidence or new facts. As the person concerned has submitted additional evidence, the Appeals Officer has agreed to set aside his decision and re-open the appeal by way of oral hearing. Every effort will be made to hear the case as quickly as possible and the appellant will be informed when arrangements have been made. 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.