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

This matter concerned an appeal by Mr Gerges against a decision of the Secretary of the Department of Social Services regarding his eligibility for a disability support pension (DSP). The appeal was heard by Mark Hyman, Member.

The primary legal issue before the Tribunal was whether Mr Gerges' various medical conditions, including an amputated right thumb, full tears of supraspinatus tendons, uncontrolled diabetes mellitus, a lumbar condition, and mental health issues, were fully treated and stabilised, and if so, whether these conditions resulted in a sufficient level of impairment as assessed under Table 2 of the relevant legislation to qualify him for a DSP.

The Tribunal Member assigned Mr Gerges 10 points under Table 2. While acknowledging Mr Gerges' significant physical and mental health impairments and his past successful livelihood as a tree lopper, the Tribunal found that this level of impairment did not meet the requirements of paragraph 94(1)(b) of the Social Security Act 1991. Consequently, Mr Gerges did not qualify for the DSP. The Tribunal noted that Mr Gerges was free to submit a further application if he could assemble sufficient medical evidence to satisfy the eligibility criteria.