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

This matter concerned an appeal by Mr Gunaydin against a decision of the Secretary, Department of Social Services, regarding his eligibility for a disability support pension. The dispute centred on whether Mr Gunaydin's various medical conditions, including a spinal condition, major depressive disorder, anxiety disorder, vertigo, asthma, diabetes, and chronic pain, met the criteria for a disability support pension under the relevant Impairment Tables.

The Tribunal was required to determine if Mr Gunaydin's impairments were fully diagnosed, treated, and stabilised as at the qualification period, and if the treatment undertaken was reasonable. Specifically, the Tribunal had to assess whether his spinal condition and his mental health conditions attracted 20 points or more under the Impairment Tables, as required for the pension.

The Tribunal found that while Mr Gunaydin's spinal condition was fully diagnosed as at the qualification period, it was not fully treated and stabilised because he had not undertaken reasonable treatment. This was evidenced by his own admission of only taking medication and engaging in self-directed exercise, despite recommendations for physiotherapy, hydrotherapy, and further specialist consultations from his neurosurgeon and GP. Similarly, his major depressive disorder and anxiety disorder were not considered to have caused severe impairment that was fully diagnosed, treated, and stabilised. The Tribunal also noted that his other listed conditions were not fully diagnosed, treated, and stabilised. Consequently, Mr Gunaydin did not attract the required points under the Impairment Tables. The decision under review was affirmed.