Written answers
Tuesday, 26 May 2015
Department of Social Protection
Social Welfare Appeals Status
John McGuinness (Carlow-Kilkenny, Fianna Fail)
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218. To ask the Minister for Social Protection the status of an application/appeal in respect of an invalidity pension by a person (details supplied) in County Carlow; if the appeal will be expedited; and if an oral hearing will be considered as the medical evidence states clearly that the applicant will not be able to work for the foreseeable future. [20422/15]
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 21 May 2015. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When these papers have been received from the Department, the case in question 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 appeal 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 in relation to social welfare entitlements.
John McGuinness (Carlow-Kilkenny, Fianna Fail)
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219. To ask the Minister for Social Protection if she will review the case of a person (details supplied) in County Kilkenny; if she will arrange an oral hearing, in view of the fact that the details and circumstances of the case need to be articulated on a one-to-one basis; and if she will expedite a positive response, in view of the fact that the decision is the cause of upset and trauma for the person. [20424/15]
Joan Burton (Dublin West, Labour)
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I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, decided to disallow the appeal of the person concerned. Under Social Welfare legislation, the decision of an Appeals Officer is final and conclusive and may only be reviewed in the light of additional evidence or new facts.
I am advised that the person concerned has submitted additional evidence and that the Appeals Officer has agreed to review the case. The person concerned will be contacted when the review of his/her appeal has been finalised.
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 in relation to social welfare entitlements.
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