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

This matter concerned an appeal by Mr Laverick against a decision of the Secretary, Department of Social Services, affirming a decision that he did not qualify for a disability support pension. The appeal was heard by Mrs J C Kelly, Senior Member, of the Administrative Appeals Tribunal.

The central legal issues before the Tribunal were whether Mr Laverick suffered from one or more physical, intellectual, or psychiatric impairments, whether the conditions causing these impairments were permanent, and whether he had an impairment rating of 20 points or more under the relevant Impairment Tables. Mr Laverick claimed impairments arising from diplopia, asthma, migraines, tendonitis, and a sinus condition.

The Tribunal found that while Mr Laverick suffered from several conditions, not all met the criteria for a disability support pension. Diplopia, migraines, and his sinus condition were not considered fully treated and stabilised. Crucially, the Tribunal determined that the tendonitis Mr Laverick referred to was plantar fasciitis, which was diagnosed within the relevant period but listed as "Inactive" at a later date. Supraspinatus tendinitis, diagnosed earlier, was not an active issue during the qualification period and therefore not relevant. Asthma was found to be fully treated and stabilised, attracting a zero-point rating under Impairment Table 1. Consequently, Mr Laverick's overall impairment rating was assessed as zero.

The Tribunal affirmed the reviewable decision, concluding that Mr Laverick did not qualify for a disability support pension during the qualification period. The Tribunal noted that he was at liberty to make a new claim supported by relevant medical evidence at a future time.