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

This matter concerned an appeal by Ms Krol against a decision of the Secretary of the Department of Social Services regarding her claim for Disability Support Pension (DSP). The appeal was heard by Mr A. Maryniak QC, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether Ms Krol's impairments met the criteria for a DSP under section 94(1)(a) of the relevant legislation, specifically whether these impairments attracted 20 points under the Impairment Tables. This required determining if the impairments were permanent and likely to persist for more than two years, and if so, whether they resulted in the requisite level of functional impairment.

The Tribunal considered the definition of "permanent" under the Impairment Tables, which requires a condition to be fully diagnosed, treated, and stabilised, and likely to persist for more than two years. The Tribunal found that Ms Krol had multiple physical and psychiatric impairments, including a mental health condition, brain condition, eye condition, hip, pelvis and rib conditions, left shin condition, cervical and lumbar spine conditions, carpal tunnel syndrome, shoulder condition, and heart condition, hypertension, and asthma. However, the Tribunal ultimately determined that Ms Krol's current claim for DSP failed because her impairments did not attract the necessary 20 points under the Impairment Tables. The decision under review was affirmed.