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

This matter concerned an appeal by Mr Bodnar against a decision of the Secretary, Department of Social Services, affirming a decision that he was not eligible for a disability support pension. The appeal was heard by Senior Member A Poljak.

The primary legal issues before the Tribunal were whether Mr Bodnar had physical, intellectual, or psychiatric impairments that attracted 20 or more points under the Impairment Tables, and whether these conditions were fully diagnosed, treated, and stabilised during the relevant period. Specifically, the Tribunal had to consider the application of Table 5, Mental Health Function, and assess the evidence regarding Mr Bodnar's Major Depressive Disorder, neck pain, headaches, and chest wall pain.

The Tribunal found that while Mr Bodnar's mental health condition was fully diagnosed, it was not fully treated or stabilised during the relevant period. Evidence indicated that his psychological therapy was ongoing and that his depression was a consequence of and perpetuated by his lower back condition, which itself was not fully treated and stabilised. Consequently, no impairment rating could be assigned to his mental health condition. Regarding neck pain and headaches, the Tribunal found insufficient evidence to determine if they were fully diagnosed, treated, and stabilised, noting they were listed as temporary conditions expected to improve within two years. A right wrist injury diagnosed after the relevant period was also excluded.

As Mr Bodnar's conditions did not attract the requisite 20 points under the Impairment Tables, the Tribunal affirmed the decision under review, meaning his claim for a disability support pension could not succeed. The Tribunal noted that Mr Bodnar was at liberty to apply for a disability support pension again at any time.