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

This matter concerned an appeal by Mr Mounir against a decision by the Secretary of the Department of Social Services regarding his eligibility for a disability support pension. The core of the dispute revolved around whether Mr Mounir's medical conditions met the criteria for the pension, specifically concerning the severity of his impairments and his capacity to work. The case was heard by Dr L Bygrave, a Member of the Tribunal.

The legal issues before the Tribunal were whether Mr Mounir's impairments attracted an impairment rating of 20 points or more under the Impairment Tables, and whether he had a continuing inability to work. These were the determinative issues, as the Tribunal had already accepted that Mr Mounir had physical impairments during the qualification period, satisfying a preliminary criterion for the pension.

The Tribunal's reasoning focused on the assessment of Mr Mounir's ischaemic heart disease. Medical evidence, including certificates from his general practitioner and a report from a cardiologist, confirmed his diagnosis, the treatments he had undergone (including stent surgery and open-heart surgery), and his ongoing symptoms of chest pain and shortness of breath. The Tribunal was satisfied that his ischaemic heart disease was fully diagnosed, fully treated, and fully stabilised during the relevant qualification period. However, based on the available medical evidence regarding his functional capacity, the Tribunal concluded that Mr Mounir did not meet the threshold of 20 points or more under the Impairment Tables. Consequently, it was not necessary to consider the issue of his continuing inability to work. The decision under review was affirmed.