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

This matter concerned an appeal by Mr Joneidi against a decision of the Secretary, Department of Social Services, to affirm a decision that he did not qualify for a disability support pension. The appeal was heard by Dr L Bygrave, Member, of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether Mr Joneidi had, during the relevant claim period, an impairment rating of 20 points or more under the Impairment Tables, and whether he had a continuing inability to work as defined by the Social Security Act 1991. Central to these issues was the interpretation of the Impairment Tables Determination, specifically the criteria for a medical condition to be considered "permanent," which requires it to be fully diagnosed, fully treated, fully stabilised, and more likely than not to persist for more than two years.

The Tribunal considered Mr Joneidi's reported medical conditions, including depression, bilateral knees osteoarthritis, spinal and neck conditions, benign prostatic hypertrophy, and obstructive sleep apnoea. The Member noted that an impairment rating could only be assigned if the condition was permanent, meaning it had been fully diagnosed by an appropriately qualified medical practitioner, fully treated, fully stabilised (unlikely to significantly improve within two years), and was likely to persist for more than two years. The Tribunal also emphasised that self-reporting of symptoms alone was insufficient, requiring corroborating evidence of functional impairment.

The Tribunal affirmed the decision under review. It was determined that Mr Joneidi did not meet the criteria for a disability support pension. However, he was advised that he was entitled to submit a new application should his circumstances change.