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

This matter concerned an appeal by Ms Incorvaia against a decision of the Secretary, Department of Social Services, affirming a refusal to grant her a Disability Support Pension (DSP). The appeal was heard by Mr Andrew Cameron, a Member of the relevant tribunal.

The central legal issue before the tribunal was whether Ms Incorvaia met the eligibility criteria for a DSP, specifically whether her medical conditions were fully diagnosed, treated, and stabilized, and whether she had a continuing inability to work. The tribunal also considered whether she had complied with any program of support requirements.

The tribunal Member concluded that Ms Incorvaia had not demonstrated a continuing inability to work. Consequently, her claim for a DSP could not succeed, and the decision under review, which affirmed the refusal of the pension, was upheld.