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

This matter concerned an appeal by Ms Eyit against a decision to cancel her Disability Support Pension (DSP). The appeal was heard by Dr Bennie Ng, a Member of the Tribunal. The core of the dispute revolved around whether Ms Eyit met the criteria for a DSP based on her medical conditions, specifically whether her impairments reached the threshold required by the relevant legislation.

The Tribunal was required to determine whether Ms Eyit's various medical conditions, including spinal, shoulder, and mental health issues, were fully diagnosed, treated, and stabilised at the time her DSP was cancelled. A further issue was whether, if these conditions were not sufficiently diagnosed, treated, and stabilised, it was necessary to assign an impairment rating under the Impairment Tables. The ultimate question was whether Ms Eyit satisfied the requirements of section 94(1)(b) of the relevant Act, which mandates a minimum of 20 impairment points.

The Tribunal reasoned that the available medical evidence did not establish that Ms Eyit's mental health condition, in particular, had been fully diagnosed, treated, and stabilised prior to the cancellation of her DSP. Consequently, the Tribunal considered it unnecessary to assign an impairment rating for this condition. Given that her spinal, shoulder, and mental health conditions were not fully diagnosed, treated, and stabilised, the Tribunal concluded that Ms Eyit did not achieve the requisite 20 impairment points under the Impairment Tables. As a result, the Tribunal found that Ms Eyit did not satisfy section 94(1)(b) of the Act, and therefore, it was not necessary to consider the further criterion of a continuing inability to work under section 94(1)(c). The Tribunal affirmed the decision under review.