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

This matter concerned an appeal by Ms Farhat against a decision of the Secretary, Department of Social Services, affirming a decision that she did not qualify for a Disability Support Pension (DSP). The central dispute revolved around whether Ms Farhat's various medical conditions were fully diagnosed, fully treated, and fully stabilised, and whether she met the criteria for a continuing inability to work, including having a severe impairment or having completed a program of support. The case was heard by Mr S Evans, Member.

The legal issues before the Tribunal were whether Ms Farhat had impairments that were fully diagnosed, fully treated, and fully stabilised, and whether she had an impairment rating of 20 points or more under the Impairment Tables. Additionally, the Tribunal had to determine if Ms Farhat had a continuing inability to work, which could be satisfied by demonstrating a severe impairment or by having actively participated in a program of support and showing an impairment sufficient to prevent work for two years. The assessment of these criteria was confined to the qualification period, which was the date of Ms Farhat's claim for DSP on 30 August 2018, or within the following 13 weeks, ending on 29 November 2018.

The Tribunal reasoned that for Ms Farhat to qualify for DSP, her conditions needed to be fully treated and stabilised within the qualification period. While her Meniere's disease was accepted as fully diagnosed, the evidence indicated that treatment options, such as intratympanic Gentamycin and a hearing aid, were still under investigation and had not been completed or definitively declined by Ms Farhat during this period. Similarly, other conditions, including lower back pain and PTSD, were found not to be fully treated and stabilised. The Tribunal noted that medical reports dated after the qualification period were only relevant to the extent they shed light on her condition during that time. The Tribunal concluded that Ms Farhat had not met the requirements for a continuing inability to work, either through a severe impairment or by completing a program of support.

Consequently, the Tribunal affirmed the decision under review.