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

This matter concerned an application for a disability support pension by Mr Hamdan, who alleged he suffered from a spinal condition, a sinus condition, and a foot problem. The Secretary of the Department of Social Services was the respondent. The case was heard by Mark Hyman, Member, of the Administrative Appeals Tribunal.

The legal issues before the Tribunal were whether Mr Hamdan had one or more physical, intellectual, or psychiatric impairments; if so, whether those impairments, when assessed under the Impairment Tables, equated to at least 20 points; and if those criteria were met, whether he had a continuing inability to work. The central question for the spinal condition was whether it was fully diagnosed, fully treated, and fully stabilised, as required by the Impairment Tables.

The Tribunal found that while Mr Hamdan's spinal condition was fully diagnosed, it was not considered fully treated or fully stabilised. The Tribunal noted that Mr Hamdan had not undertaken regular physiotherapy, and his attendance at the Pain Management Unit was pending at the end of the qualification period. The Tribunal emphasised that a conclusion of a condition being fully treated and stabilised requires expert medical opinion, and that "reasonable treatment" must be capable of producing functional improvement with a high success rate. The evidence regarding Mr Hamdan's other conditions was insufficient to make a determination.

Consequently, the Tribunal concluded that none of Mr Hamdan's conditions could be assigned a rating under the Impairment Tables, meaning he did not meet the threshold of 20 points. As he failed to meet this criterion, the Tribunal did not need to consider whether he had a continuing inability to work. The decision under review was affirmed.