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

This matter concerned an application for a Disability Support Pension (DSP) by Mr Mahmood against the Secretary, Department of Social Services. The dispute centred on whether Mr Mahmood met the eligibility criteria for the DSP, specifically concerning the severity of his impairments and his capacity to work. The decision was made by Ms Anna Burke, a Member of the Tribunal.

The legal issues before the Tribunal were whether Mr Mahmood suffered from a physical, intellectual, or psychiatric impairment; whether his conditions were fully diagnosed, treated, and stabilised and likely to continue for at least two years; whether these conditions attracted a rating of 20 points or more under the Impairment Tables; and whether he had a continuing inability to work. Mr Mahmood’s claimed conditions included osteoporosis with fractures causing pain, asthma with a continuous cough, depression and anxiety, diabetes, high cholesterol, an enlarged prostate, heartburn, headaches, and feelings of sadness and helplessness.

The Tribunal considered the evidence, including medical reports and scans, regarding Mr Mahmood's osteoporosis, back pain, and hip pain. It noted that a CT scan confirmed osteoporosis and suggested secondary osteoporosis, while other scans indicated spinal canal stenosis and degenerative joint disease. An endocrinologist confirmed treatment for osteoporosis and chronic lower back pain, limiting Mr Mahmood's ability to stand. His general practitioner detailed constant back pain, difficulty with mobility, and the development of osteoarthritis in his hips, requiring ongoing management and likely surgery. The Tribunal found that Mr Mahmood suffered from impairments as required by section 94(1)(a) of the Social Security Act 1991.

The Tribunal was satisfied that Mr Mahmood's impairments attracted 20 impairment points under the Impairment Tables and that he had a continuing inability to work, thus satisfying section 94(1)(c) of the Act. Consequently, the Tribunal set aside the previous decision and substituted a determination that Mr Mahmood qualified for the Disability Support Pension as at the date of his claim.