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

This matter concerned an application for a disability support pension (DSP) by the Applicant, who claimed to suffer from a range of conditions including hepatitis B, lumbar spondylolisthesis, Meniere’s disease, eye floaters, hearing loss, and gastroesophageal reflux disease. The Secretary of the Department of Social Services opposed the application. The case was heard by Member L M Gallagher of the Tribunal.

The primary legal issues before the Tribunal were whether the Applicant’s claimed conditions were fully diagnosed, fully treated, and fully stabilised, and whether these impairments attracted an impairment rating of 20 points or more under the Social Security (Tables for the assessment of Work-related Impairment for Disability Support Pension) Determination 2011. The Tribunal was required to consider the evidence presented by the Applicant and the Department in relation to each condition and its impact on the Applicant's functional capacity.

The Tribunal considered the Applicant's evidence regarding his various conditions, including his difficulties with overhead activities due to balance and dizziness, limitations in turning his head, inability to bend forward due to back pain, and reliance on support when getting out of bed. The Applicant also provided evidence regarding his hearing aid effectiveness, the constant nature of his Meniere's disease symptoms, his reasons for not seeking treatment for mental health conditions, and how pain from hepatitis B affects his concentration. The Tribunal noted that the Applicant's spinal condition was diagnosed but not fully treated or stabilised, and that while his hearing had improved with aids, they were not effective in noisy environments or with tinnitus. The Tribunal also found insufficient medical evidence for some claimed conditions and that the Applicant's hepatitis B caused minimal functional impairment.

Ultimately, the Tribunal affirmed the decision under review. This was based on the finding that the Applicant's impairments did not meet the threshold of 20 impairment points required for a DSP qualification, as several conditions were not fully diagnosed, treated, or stabilised, or did not attract sufficient points under the relevant Impairment Tables.