Written answers

Wednesday, 22 January 2014

Department of Social Protection

Invalidity Pension Appeals

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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122. To ask the Minister for Social Protection when the relevant Departmental papers and comments by the Deciding Officer in relation to an invalidity pension claim in respect of a person (details supplied) in County Mayo were sent by the Longford office to the Social Welfare Appeals Office; if this file has been received in Dublin; and when the appeal will be progressed. [3079/14]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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A claim for invalidity pension from the person concerned was received by the Department on 17 October 2012. The claim for invalidity pension was disallowed by a deciding officer on the grounds that, based upon the evidence provided, the person was not permanently incapable of work in accordance with the relevant legislation. The person in question was notified of this decision and the reason for it on 07 November 2012.

Following a request from the claimant for a review of the decision to disallow invalidity pension, further medical evidence was received on 22 March 2013 and was forwarded to a different medical assessor for review. This additional evidence, along with the original information, was evaluated by a different medical assessor in May 2013 who also was of the opinion that the person in question did not satisfy the medical criteria for invalidity pension. The deciding officer found that there were no grounds to overturn the original decision to disallow invalidity pension.

However due to an unfortunate oversight the person concerned was not notified of the outcome until 09 October 2013 and advised of her right to appeal the decision to the Social Welfare Appeals Office (SWAO). The person concerned has appealed the decision and has submitted further medical evidence with her appeal. Prior to sending the papers to the SWAO, the Department is having the entirety of the medical evidence examined by a medical assessor. It is expected that the medical assessor will have completed the assessment and provided an up-to-date opinion today. In view of the particular circumstances of this case, a deciding officer will review the claim immediately upon receipt of that opinion. If, following this review, it is decided that she still does not satisfy the medical criteria, the person in question will be notified and her file and all relevant papers will be immediately prepared and forwarded to the Social Welfare Appeals Office for determination. On the other hand, if the deciding officer is satisfied that the claimant is eligible for invalidity pension, a revised decision will be made and the person in question will be notified of same in the next few days.

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