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

This matter concerned an appeal by the applicant, Ms. Goward, against a decision of the Secretary of the Department of Social Services affirming a refusal to grant her a Disability Support Pension (DSP). The dispute centred on whether Ms. Goward's medical conditions met the criteria for a DSP, specifically whether her impairments attracted 20 or more points under the relevant Impairment Tables and whether she had a continuing inability to work. The case was heard by D Mitchell M.

The primary legal issues before the Tribunal were to determine if, within the relevant period of 30 January to 30 April 2020, the applicant's medical conditions attracted 20 points or more under the Impairment Tables, and if so, whether she had a continuing inability to work. The Tribunal was required to conduct a full assessment of the material before it concerning the applicant's conditions and their management during this specific period, rather than relying solely on previous assessments.

The Tribunal considered the applicant's evidence and accepted that her health was deteriorating and that her mobility issues impacted her daily activities, leading to an inability to work. However, the Tribunal found that for the purposes of the Impairment Tables, her spine conditions, while fully diagnosed, were not fully treated and fully stabilised during the relevant period, thus not meeting the permanence requirement for assigning points. Similarly, her functional neurological disorder was also not fully diagnosed, treated, and stabilised. Consequently, the Tribunal concluded that the applicant's impairments did not attract more than 20 points under the Impairment Tables. As this threshold was not met, the Tribunal did not need to consider the applicant's continuing inability to work. The decision under review was affirmed.