asked the Minister for Social Welfare if his attention has been drawn to a report (details supplied) which confirms that a person in County Donegal is unfit for work; why the Department's medical referee again refused the application for disability benefit on 14 January 1981; and if benefit will now be paid immediately.

The person concerned has been claiming disability benefit continuously since 9 January 1976 and was paid benefit to the end of December 1977. Payment was disallowed from that date and his case was the subject of three separate appeals. His appeal for the period from January to 12 April 1978 was allowed but his claim since 13 April 1978 has been disallowed.

During the last four years he has been examined on a number of occasions by different medical referees and on each occasion he was considered capable of work. The orthopaedic report submitted by the Deputy was considered by the medical referee at the recent examination. He is, however, still considered capable of work and his case is again being referred for decision by an appeals officer. It is understood that before deciding the case the appeals officer proposes to hold a hearing which this man will be invited to attend and to give evidence. In the meantime an independent specialist orthopaedic opinion is being sought by the appeals officer to assist him in determining the appeal.

Will the Minister state who is entitled to attend an appeal hearing?

The person concerned and the person nominated by him to attend. I will get details for the Deputy if he wishes.

I would be obliged if the Minister would write to me about the matter. I want to know if a person is entitled to have his own doctor at the hearing.

He is entitled to bring a person and I presume that could mean any person selected by him. However, I will check on the matter and communicate with the Deputy.

18.