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

This matter concerned an appeal by Ms. Jovceska against a decision by the Secretary of the Department of Social Services regarding her eligibility for a Disability Support Pension. The dispute centred on whether Ms. Jovceska's various medical conditions, including neck and back issues, an upper limb condition, and a mental health condition, resulted in a sufficient level of impairment to qualify her for the pension. The appeal was heard by William Stefaniak AM RFD, Senior Member.

The primary legal issue before the Tribunal was to determine if Ms. Jovceska had a continuing inability to work, as defined by section 94(2) of the relevant Act, due to her combined physical and psychiatric impairments. This required assessing whether her medical conditions, when considered together, met the criteria for a severe functional impact under the Impairment Tables, specifically Table 5.

The Tribunal considered evidence from various medical professionals and their reports from 2015. It was found that four out of the six descriptors for 20 points under Table 5 were met, indicating that Ms. Jovceska's mental health condition had a severe functional impact. Coupled with the evidence of her physical impairments, the Tribunal concluded that she had a continuing inability to work. Consequently, the Tribunal set aside the previous decision and substituted it with a finding that Ms. Jovceska was entitled to a Disability Support Pension with effect from 10 December 2015.