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

This matter concerned an appeal by Mr Coren against a decision by the Secretary, Department of Social Services, regarding his eligibility for a disability support pension (DSP). The dispute centred on whether Mr Coren met the legislative requirements for a DSP, particularly concerning the permanency and functional impact of his diagnosed conditions, including a mental health condition and a spinal condition. The Administrative Appeals Tribunal, presided over by Senior Member D Cremean, was tasked with reviewing the initial decision.

The primary legal issues before the Tribunal were whether Mr Coren's conditions were "fully treated and diagnosed" and "permanent" within the meaning of the relevant legislation, and whether these conditions had a "severe functional impact" that would prevent him from working. Specifically, the Tribunal had to determine if Mr Coren's mental health condition was sufficiently treated and stabilised during the qualification period, and if his spinal condition, along with his mental health condition, contributed to a significant functional impairment that rendered him unable to work.

The Tribunal found that Mr Coren satisfied the requirements of section 94(1)(a) of the Act, acknowledging his mental health and spinal conditions as the primary bases for his claim. Crucially, the Tribunal accepted concessions made by the Respondent that Mr Coren's spinal condition was permanent and that his mental health condition should be assigned points if found to be permanent. The Tribunal was satisfied that Mr Coren's psychiatric conditions were fully diagnosed. Regarding the contention that his mental health condition was not fully treated or stabilised during the qualification period, the Tribunal found this to be incorrect, accepting Mr Coren's evidence that he had consulted a psychologist during that time. Furthermore, the Tribunal considered that Mr Coren's spinal condition, which was assigned 10 points, would contribute to his continuing inability to work due to a significant risk of falling, making him unsuited for work or training under section 94(1)(c).

Consequently, the Tribunal set aside the original decision and substituted a new decision finding Mr Coren entitled to a disability support pension with effect from 26 February 2018.