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

This matter concerned an appeal by Mr Innes against a decision of the Secretary of the Department of Social Services affirming a decision that he did not qualify for a disability support pension. The core of the dispute revolved around whether Mr Innes’ impairments met the threshold required for the pension, specifically whether they attracted 20 points or more under the Impairment Tables and whether he had a continuing inability to work. The review was conducted by Dr L Bygrave, Member.

The legal issues before the Member were whether Mr Innes had an impairment rating of 20 points or more under the Impairment Tables during the relevant claim period, and whether he had a continuing inability to work as defined by the Social Security Act 1991. These issues required the Member to consider the nature and severity of Mr Innes' diagnosed mental health conditions, including borderline personality disorder, schizophrenia, psychosis, depression, anxiety, and paranoia, as well as his history of substance abuse.

The Member considered extensive medical evidence, including reports from a clinical psychologist and a specialist psychiatrist. While acknowledging Mr Innes' long-standing and significant mental health issues, the Member noted that his conditions had not led to significant improvement despite treatment. The evidence indicated ongoing difficulties with anxiety, concentration, mood instability, paranoia, social withdrawal, reduced motivation, sleep disruption, and alcohol abuse, which impacted his daily functioning. However, the Member ultimately found that the evidence did not establish that Mr Innes' impairments attracted the required 20 points under the Impairment Tables.

Consequently, the Member affirmed the decision under review. The Member noted that Mr Innes was entitled to submit a new application should his circumstances change.