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

This matter concerned an appeal by Mr. Ispanya against a decision to refuse him a disability support pension (DSP). The Secretary of the Department of Social Services was the respondent. The Administrative Appeals Tribunal was required to determine whether Mr. Ispanya qualified for a DSP during the period of his claim, from 17 March 2016 to 16 June 2016.

The Tribunal was tasked with determining if Mr. Ispanya had any impairments, and if so, whether these impairments were fully diagnosed, treated, and stabilised. Crucially, the Tribunal had to assess whether these impairments attracted a rating of 20 points or more under the relevant Impairment Tables. If this threshold was met, the Tribunal would then consider whether Mr. Ispanya had a continuing inability to work.

The Tribunal found that Mr. Ispanya suffered from a knee condition, diagnosed as a left knee meniscal tear and osteoarthritis, which it assessed as having a mild functional impact, attracting 5 points under Table 3 of the Impairment Tables. He also had a neck condition, cervical spondylosis, which impacted his spine. This condition was assessed under Table 4, and while the Tribunal found it was fully diagnosed, treated, and stabilised, the evidence did not indicate it attracted a rating of 20 points or more. The Tribunal noted that Mr. Ispanya had not participated in a program of support for the required 18 months prior to his claim, a prerequisite for DSP unless an impairment attracted a severe rating.

Consequently, as Mr. Ispanya's impairments did not meet the required 20-point threshold under the Impairment Tables, he did not qualify for a DSP. The decision under review was affirmed.