Written answers
Tuesday, 29 September 2015
Department of Social Protection
Social Welfare Appeals
John McGuinness (Carlow-Kilkenny, Fianna Fail)
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181. To ask the Tánaiste and Minister for Social Protection if she will review the decision in the case of a person (details supplied) in County Kilkenny as it would appear that the medical evidence was ignored or misunderstood. [32996/15]
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 including that adduced at the oral hearing, 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 requested a review of the decision and that the Department had been requested to return the file to the Social Welfare Appeals Office. The file has been returned and the Appeals Officer will 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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