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

This matter concerned an application for review of a decision to cancel Mr Herzog's Disability Support Pension (DSP). The dispute centred on whether Mr Herzog's impairments attracted the requisite number of points under the Impairment Tables at the date of cancellation, which would have entitled him to DSP. The review was heard by A C Cotter SM.

The primary legal issue before the court was to determine whether Mr Herzog's impairments, specifically Ischaemic heart disease and Schizophrenia, attracted 20 points or more under the Impairment Tables contained in the 2011 Determination. If this threshold was met, the court would then need to consider whether Mr Herzog had a continuing inability to work.

The court found that Mr Herzog's Ischaemic heart disease had a mild functional impact, attracting five points under Table 1 of the Impairment Tables. Regarding Schizophrenia, while Mr Herzog had a history of psychotic illness, a report from Dr Caleb Armstrong concluded that he did not have any current major mental health concerns. Consequently, the court determined that Mr Herzog's impairments did not attract the required 20 points or more under the Impairment Tables at the date of cancellation.

As Mr Herzog did not meet the minimum point threshold for DSP, the court concluded that he did not qualify for the pension at the relevant time. Accordingly, the decision to cancel his DSP was affirmed.