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

This matter concerned an application for review of a decision by the Secretary of the Department of Social Services affirming a refusal to grant a disability support pension (DSP). The applicant, Mr Michael, sought to establish that he qualified for DSP during the relevant qualification period.

The primary legal issues before the Tribunal were whether Mr Michael had a continuing inability to work and whether he possessed a severe impairment rating of 20 points or more under a single Impairment Table, as required for DSP eligibility. The Tribunal considered a range of medical conditions presented by Mr Michael, including cervical and lumbo-sacral spondylosis, discopathies, shoulder conditions, interstitial lung disease, chronic obstructive pulmonary disorder, major depression, knee issues, coronary artery disease, diabetes mellitus, constipation, hearing loss, dizziness, cataract, thyroid disease, obstructive sleep apnoea, and other conditions.

The Tribunal's reasoning focused on the specific requirements of the Impairment Tables. It found that, despite the multiplicity of medical conditions, the available medical evidence did not satisfy the "very particular criteria" stipulated within the Impairment Tables. Consequently, the Tribunal concluded that Mr Michael did not meet the threshold for a severe impairment rating of 20 points or more under a single Impairment Table, which is a prerequisite for qualifying for a DSP.

The Tribunal affirmed the reviewable decision dated 10 May 2023.