Mrs Biljana POPOSKA and Secretary, Department of Social Services

This matter concerned an appeal by Mrs Biljana Poposka against a decision by the Secretary, Department of Social Services, regarding her eligibility for a Disability Support Pension. The core dispute revolved around whether Mrs Poposka suffered from impairments that attracted a rating of 20 points or more under the relevant Impairment Tables and whether she had a continuing inability to work. The case was heard by Tribunal Member Conrad Ermert.

The legal issues before the Tribunal were threefold: firstly, whether Mrs Poposka had any physical, intellectual, or psychiatric impairments during the qualification period; secondly, if such impairments existed, whether they attracted a rating of 20 points or more under the Impairment Tables; and thirdly, if the impairments met the rating threshold, whether Mrs Poposka had a continuing inability to work.

The Tribunal considered evidence relating to Mrs Poposka's mental health condition, including PTSD and depression, her back and spinal condition, and osteoarthritis. While the Respondent conceded that Mrs Poposka had impairments from these conditions, the Tribunal focused on whether these impairments met the criteria for a 20-point rating. This required the conditions to be permanent, meaning fully diagnosed, treated, and stabilised, and more likely than not to persist for more than two years. The Tribunal found that while the diagnosis of PTSD and depression was supported by a psychiatrist, the evidence regarding ongoing treatment and future plans was not sufficiently clear to establish permanence under the Impairment Tables. Similarly, for the spinal and osteoarthritis conditions, the Tribunal noted a lack of specialist investigation and clear evidence of ongoing or planned treatment that would satisfy the permanence criteria.

Ultimately, the Tribunal found that Mrs Poposka did not meet the criteria for a 20-point impairment rating. Consequently, the Tribunal affirmed the reviewable decision, finding that Mrs Poposka was not qualified for a Disability Support Pension during the qualifying period.