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

This matter concerned an appeal by Mr Findlay against a decision by the Secretary of the Department of Social Services regarding his eligibility for a disability support pension. The appeal was heard by Dr L Bygrave, Member, of the Tribunal. The core of the dispute revolved around whether Mr Findlay's various medical conditions qualified him for the pension under the relevant legislative framework.

The legal issues before the Tribunal were whether Mr Findlay had an impairment rating of 20 points or more under the Impairment Tables, and whether he had a continuing inability to work as defined by the Act. The Tribunal specifically considered Mr Findlay's diagnoses of depression and anxiety, epilepsy, obstructive sleep apnoea, and tinnitus and benign positional vertigo.

In relation to depression and anxiety, the Tribunal accepted the medical evidence from several practitioners, including a clinical psychologist, a neurologist, and a general practitioner. A clinical neuropsychologist's assessment indicated mild difficulty with learning verbal information. A psychologist opined that Mr Findlay met the criteria for major depressive disorder with comorbid anxiety symptoms, assigning five points under Table 5 – Mental Health Function due to a mild functional impact across various domains. The Tribunal found this condition to be fully diagnosed, treated, and stabilised during the claim period, assigning five points. For epilepsy, the Tribunal noted a neurologist's report from 1994 indicating idiopathic epilepsy that responded well to treatment with no seizures since 1981, and observed no other medical evidence on this condition.

As the Tribunal determined that Mr Findlay did not achieve the required 20-point impairment rating based on the evidence presented, it was not necessary to consider the issue of his continuing inability to work. Consequently, the decision under review was affirmed.