asked the Minister for Social Welfare the reason a person (details supplied) in County Kildare has been refused disability benefit, in view of the fact that he has X-rays showing evidence of a degenerative disease of the lumbar spine and that arising from this condition, is unable to carry out manual labour which is the only type of employment of which he is capable

The person concerned was paid disability benefit to 31 October 1987 after which date payment was disallowed following examination by a medical referee who expressed the opinion that he was capable of work.

He appealed against the disallowance of benefit and was examined by a different medical referee on 18 January 1988 who also expressed the opinion that he was capable of work.

His case was referred to the appeals officer who held an oral hearing of his appeal on 18 April 1988. The appeals officer has upheld the decision of the deciding officer. Under the terms of the Social Welfare legislation, an appeals officer's decision is final in the absence of fresh facts or new evidence.

Will the Minister agree that a lot of controversy has developed in this area in that many people who attend for medical examination very often require an examination by a specialist and a report from that specialist? Will the Minister accept that many doctors employed by his Department——

I am sorry to interrupt the Deputy but Question No. 7 appertains to a particular case and I cannot allow any extension of it.

There was a report from a specialist, dated 3 May 1985.

I should like to ask the Minister a question about the specific case.

I take it that the Deputy is authorised to deal with this specific case by the Deputy named in the question?

I was authorised by Deputy Stagg to deal with this question. The Deputy has asked me to ask the Minister if it is true that his Department have been made aware of recent evidence that suggests a degenerative disease of the lumbar spine. To what extent was that evidence, submitted very recently on behalf of the individual concerned, taken into account, particularly in view of the fact that the medical recommendation was that he was incapable of manual labour, the only form of labour for which he had been employed?

The X-rays referred to were dated 3 May 1985 and no new evidence, to my knowledge, was submitted. An oral appeal was heard before an appeals officer on 18 April and the Deputy will recognise that that is fairly recent. I am in the hands of the medical people in this respect.