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

This matter concerned an appeal by Mr Mashhour against a decision by the Secretary of the Department of Social Services regarding his eligibility for the Disability Support Pension (DSP). The core dispute revolved around whether Mr Mashhour met the criteria for DSP during a specific 13-week period, commencing from his claim date of 1 October 2015. The case was heard by Mr Conrad Ermert, a Member of the Tribunal.

The legal issues before the Tribunal were threefold: firstly, whether Mr Mashhour suffered from physical, intellectual, or psychiatric impairments; secondly, if such impairments existed, whether they attracted a rating of at least 20 points under the Impairment Tables; and thirdly, whether these impairments resulted in a continuing inability to work. The Tribunal was required to assess these issues within the relevant period of 1 October 2015 to 31 December 2015.

The Tribunal considered evidence provided by Mr Mashhour regarding his depression, which he stated had worsened and was exacerbated by personal tragedies. He described significant difficulties with daily living activities, social engagement, and mobility, including reliance on his daughter for shopping and assistance with dressing. He also detailed physical limitations due to back pain and restricted neck movement. Despite these challenges, the Tribunal noted his ability to drive short distances, use a computer, and manage some personal care tasks. The Tribunal found that Mr Mashhour did not satisfy all the necessary provisions of subsection 94(1) of the Act for qualification for DSP during the relevant period. Consequently, the Tribunal affirmed the decisions under review, meaning Mr Mashhour was not qualified for the DSP during that time.