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

This matter concerned an appeal by Mr Johnston against a decision by the Secretary of the Department of Social Services to refuse his application for a Disability Support Pension (DSP). The core of the dispute revolved around whether Mr Johnston's medical conditions met the criteria for a DSP, specifically whether his impairments attracted 20 points or more under the relevant Impairment Tables during the qualification period. The decision was made by Mrs J C Kelly, Senior Member, of the Tribunal.

The legal issues before the Tribunal were whether Mr Johnston's impairments were fully diagnosed, treated, and stabilised, and whether these impairments attracted the requisite points under the Impairment Tables. The Tribunal was required to assess Mr Johnston's spinal function and lower limb function based on medical evidence pertaining to the 13-week period commencing 24 December 2015, when he lodged his DSP application.

The Tribunal found that Mr Johnston's spinal condition was fully diagnosed, treated, and stabilised during the qualification period, and it agreed with the assessment that this condition attracted 10 points under Table 4 – Spinal Function. However, the Tribunal did not accept later evidence from Mr Johnston suggesting more limited spinal function during the qualification period, noting that his condition has since deteriorated. Regarding lower limb function, while acknowledging that certain conditions like right gluteal tendinopathy and right trochanteric bursitis were not fully treated and stabilised, the Tribunal found that Mr Johnston's permanent conditions of the spine and arthritis in his right hip and knee resulted in functional impairment. The Tribunal rejected the respondent's argument that the absence of hip or knee replacement surgery meant these conditions were not fully treated and stabilised.

Ultimately, the Tribunal affirmed the reviewable decision, finding that Mr Johnston's impairments did not meet the threshold for a DSP during the relevant period. The Tribunal noted that his conditions had worsened since his application and that he was at liberty to apply for DSP again.