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

This matter concerned an appeal by the Applicant against the cancellation of his Disability Support Pension (DSP). The Applicant had been granted the DSP in 1999 for a musculoskeletal disorder. A medical review in 2016 led to the cancellation of his DSP on the basis that his impairments did not attract 20 or more impairment points under the relevant Impairment Tables. The Applicant sought review of this decision, first by an Authorised Review Officer (ARO) and then by the Social Services and Child Support Division (SSCSD) of the Tribunal, both of whom affirmed the cancellation. The Applicant then sought a second review before Senior Member P E Nolan of the Tribunal.

The primary legal issue before the Tribunal was whether the Applicant had impairments that were permanent and attracted 20 or more impairment points under the Impairment Tables as at the date of the cancellation of his DSP. This required consideration of the Applicant's reported depression and his osteoarthritic conditions, specifically of the knee, hip, and wrist. The Tribunal also needed to determine if these conditions were fully diagnosed, treated, and stabilised to qualify for an impairment rating.

The Tribunal found that the Applicant's depression was not fully diagnosed by an appropriately qualified medical practitioner at the date of cancellation, and therefore no impairment rating could be assigned for this condition. Regarding the osteoarthritic conditions, the Tribunal noted that the initial medical report from the Applicant's general practitioner listed the diagnoses as "presumptive" and indicated further investigations were planned. While a later report suggested the wrist condition and hip pain were fully diagnosed, treated, and stabilised, this report post-dated the cancellation decision and stated it was answering questions as they would have been at that earlier date. The Tribunal ultimately assigned an impairment rating of 10 points for osteoarthritis of the right knee and hip and 5 points for lumbar back pain, totalling 15 points.

As the Applicant's total impairment rating of 15 points did not meet the threshold of 20 or more points required for the DSP, the Tribunal concluded that it was not necessary to consider the remaining criteria for qualification. The Tribunal affirmed the decision to cancel the Applicant's DSP.