Annual Reports
Social Welfare Appeals Office - Annual Report 2010
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To The Minister for Social Protection Ms. Joan Burton TD.
De réir na forálacha de Alt 308(1) den Acht Leasa Shóisialaigh (Comhdhlúthú), 2005, cuirim isteach tuarascáil na hOifige Achomhairc Leasa Shóisialaigh do 2008.
In accordance with the provisions of Section 308(1) of the Social Welfare Consolidation Act 2005, I submit the report of the Social Welfare Appeals Office for the year ended 31 December 2010.
Geraldine Gleeson
Director and Chief Appeals Officer
June 2011
INTRODUCTION
The Social Welfare Appeals Office was established on a statutory basis 20 years ago in 1991. The relevant legislation introduced at that time provides for the Chief Appeals Officer to make an annual report to the Minister. This is the 20th such report and relates to my first year as Chief Appeals Officer.
The first annual report showed that the number of cases pending adjudication at the end of 1991 was 8,287 and the then Chief Appeals Officer noted that this number was considered high. Over the period 1991 to 2007 inclusive, the number on hands at the end of each year averaged at a level under 6,000. This rose to 7,632 in 2008, 16,008 in 2009 and 20,274 in 2010.
This increase in the number of cases on hands over the last three years is due to the unprecedented increase in the volume of appeals received, particularly in 2009 and 2010. Average annual receipts over the period from 1991 to 2007 were 15,000. Receipts increased to 17,833 in 2008, 25,963 in 2009 and 32,432 in 2010. Therefore, the number of appeals received in 2010 is running at 116% ahead of the levels experienced up to relatively recently.
I am happy to report the number of cases finalised in 2010 was 28,166 or 58% ahead of 17,787 cases finalised in 2009. This is by any measure a very significant increase in the number of appeals finalised. The constant challenge for us in 2010 has been to undertake many initiatives to ensure we operate as efficiently as possible while maintaining high standards. We must always balance the drive for efficiency with the need to ensure due process in terms of the rights of appellants and adherence to the requirements of natural justice.
The increase in cases finalised reflects that effort and, along with my Deputy Mr Dan Kavanagh, I am happy to express our appreciation to each and every Appeals Officer and member of staff for their ongoing flexibility and willingness to engage with these new initiatives. It also reflects the allocation of additional resources by the Department at a time when the Department itself is facing significant challenges and this is very much appreciated.
Despite the additional resources and effort, processing times remained unacceptably high in 2010 having increased from an average of 24 weeks in 2009 to 28 weeks in 2010. This increase is primarily due to the overall increase in the number of new appeals in 2010. Further innovation and additional resources will be necessary in 2011 if we are to bring these waiting times to an acceptable level. Although not strictly relevant to the year under report, I can say that an additional 9 Appeals Officers have been appointed to the Social Welfare Appeals Office with effect from April 2011 which should mean a significant improvement in the position for this year.
It is important to note that the processing time for appeals covers all phases of the appeal process, including some elements which are outside of the direct control of my office. The processing times detailed in this report covers all phases including the submission by the Department of its comments on the grounds for the appeal, further examination by the Department’s Medical Assessors in certain illness related cases, further investigation by Social Welfare Inspectors where required and circumstances may also arise where further information is sought from the appellant. Therefore, improving processing times is also very much dependent on the response of the Department in ensuring that the papers are submitted to the appeals office in a timely manner and we in the Social Welfare Appeals Office continue to engage with the Department with a view to improving this aspect of the processing time.
This report sets out a wide range of statistical data relating to 2010. It also contains commentary on issues arising from appeals and a selection of case studies determined by Appeals Officers during the year.
Geraldine Gleeson
Director and Chief Appeals Officer
June 2011
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