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

This matter concerned an appeal by Ms Lyddieth against the cancellation of her Disability Support Pension (DSP) by the Secretary of the Department of Social Services. The central dispute revolved around whether Ms Lyddieth met the criteria for DSP at the time of the cancellation, specifically concerning the severity and stability of her impairments. The case was heard by Dr I Alexander, Member.

The legal issues before the Tribunal were whether Ms Lyddieth suffered from impairments totalling 20 points or more under the relevant Impairment Tables, and if so, whether these impairments were fully diagnosed, treated, and stabilised, leading to a continuing inability to work. The Tribunal was required to assess Ms Lyddieth's qualification for DSP based on the circumstances existing at the date of cancellation, 20 July 2015.

The Tribunal considered the evidence, including medical reports from Dr Galea, and applied the provisions of the *Social Security (Administration) Act 1999* and the *Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011*. For an impairment rating to be assigned under the Impairment Tables, the underlying medical condition must be fully diagnosed, fully treated, fully stabilised, and likely to persist for more than two years. The Tribunal found that the condition of "sleep apnoea" was not fully diagnosed at the date of cancellation, meaning a rating under the Impairment Tables could not be applied. Consequently, Ms Lyddieth's impairments did not amount to 20 points or more.

As Ms Lyddieth did not satisfy the requirement of having impairments totalling 20 points or more under section 94(1)(b) of the Act at the date of cancellation, the Tribunal affirmed the decision to cancel her DSP.