Written answers

Wednesday, 5 October 2022

Department of Employment Affairs and Social Protection

Disability Services

Photo of Niamh SmythNiamh Smyth (Cavan-Monaghan, Fianna Fail)
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206. To ask the Minister for Employment Affairs and Social Protection if she will provide an update on a disability application by a person (details supplied); and if she will make a statement on the matter. [48667/22]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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I can confirm that the Department received an application for disability allowance (DA) from the person concerned on 30 June 2022

Their application, based upon all the evidence submitted, was refused on medical grounds as it was not found that they were substantially restricted in taking up employment.

The person concerned was notified in writing of this decision on 31 August 2022 and was also notified of their right to request a review of this decision or to appeal it to the independent Social Welfare Appeals Office (SWAO).

They requested a review of the decision by a deciding officer (DO) and submitted additional medical evidence for consideration on 16 September 2022. This evidence is currently being reviewed and the Department will notify the person concerned directly regarding the outcome of their review

In addition, an appeal was lodged with the independent SWAO. The SWAO will be in touch with the person in due course in relation to the progress of the appeal.

I trust this clarifies the matter for the Deputy.

Photo of Niamh SmythNiamh Smyth (Cavan-Monaghan, Fianna Fail)
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207. To ask the Minister for Employment Affairs and Social Protection if she will provide an update on disability allowance appeal by a person (details supplied); and if she will make a statement on the matter. [48668/22]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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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.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 29 September 2022. 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 will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral appeal hearing.

I trust this clarifies the matter for the Deputy.

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