Al Sultan and Secretary, Department of Social Services (Social services second review)

This matter concerned an appeal by Mr Al Sultan against the cancellation of his disability support pension by the Secretary of the Department of Social Services. The appeal was heard by Dr L Bygrave, a Member of the Tribunal. The central dispute revolved around whether Mr Al Sultan met the criteria for receiving a disability support pension at the time his pension was cancelled.

The legal issues before the Tribunal were whether Mr Al Sultan had, at the date of cancellation, an impairment rating of 20 points or more under the Impairment Tables, and whether he had a continuing inability to work. The Secretary conceded that Mr Al Sultan had medical conditions causing impairment, satisfying one limb of the eligibility criteria. Therefore, the determination of the appeal hinged on the assessment of his impairment rating and work capacity.

The Tribunal considered Mr Al Sultan's reported medical conditions, including a spinal condition, anxiety and depression, and recurrent dizziness and hypertension. For the spinal condition, the Tribunal noted evidence of chronic back and neck pain, difficulty with movement and walking, and treatment including analgesics, physiotherapy, and referral to a specialist. However, the Tribunal found that Mr Al Sultan did not meet the qualification criteria under paragraph 94(1)(b) of the Act, specifically regarding the 20-point impairment threshold. Consequently, it was not necessary to consider the issue of his continuing inability to work. The decision under review was affirmed.