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

The applicant, Maybir, sought review of a decision by the Secretary of the Department of Social Services concerning their eligibility for a Disability Support Pension. The dispute centred on whether the applicant met the criteria for the pension, specifically regarding the diagnosis, treatment, and stabilisation of their medical conditions, and whether these conditions resulted in a sufficient level of impairment. The matter was heard by Senior Member P E Nolan.

The primary legal issues before the court were whether the applicant's conditions, including a spinal condition and right lower knee and knee injuries, were fully diagnosed, treated, and stabilised during the relevant period. Furthermore, the court had to determine if these conditions, along with other claimed conditions such as hyperlipidaemia and dermatitis, resulted in a functional impairment of at least 20 impairment points as required for the pension.

Senior Member Nolan found that the hyperlipidaemia, dermatitis, and increased frequency of bowel and bladder movements were not raised in the original claim and there was no evidence that these conditions caused functional incapacity during the relevant period. Consequently, the Senior Member concluded that an impairment rating could not be assigned for these conditions. The decision under review was affirmed.