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

This matter concerned an appeal by Mr Christopher Perkins against a decision of the Social Services and Child Support Division of the Tribunal which affirmed the Secretary, Department of Social Services' decision that Mr Perkins was not qualified for a disability support pension (DSP). The dispute centred on whether Mr Perkins' various medical conditions, including a spinal condition and a mental health condition, were permanent in terms of the relevant Determination, and whether he had undertaken reasonable treatment for these conditions.

The legal issues before the Tribunal were whether Mr Perkins' spinal condition was permanent and whether he had undertaken reasonable treatment for it, and similarly, whether his mental health condition was permanent. The Tribunal was required to assess whether the conditions met the criteria for permanence as defined by the relevant Determination, and if so, to consider the assignment of impairment points. A key aspect of the assessment was whether Mr Perkins had engaged in recommended treatment and whether his conditions were stabilised.

The Tribunal reasoned that Mr Perkins had not undertaken reasonable treatment for his spinal condition, noting his cessation of physiotherapy and his reliance on alcohol and non-prescription drugs for pain management. It also observed that he had not taken up opportunities for specialist orthopaedic care. Consequently, the spinal condition could not be regarded as permanent for the purposes of the Determination. Regarding his mental health condition, the Tribunal noted the diagnosis of Major Depressive Disorder and Post-Traumatic Stress Disorder symptoms, and the prescribed medication and recommended ongoing psychological engagement. However, the primary focus remained on the permanence and treatment of the spinal condition in the context of the overall claim.

The Tribunal set aside the decision of the Social Services and Child Support Division. It determined that Mr Perkins was not qualified for DSP in relation to his claim made on 14 March 2017, nor did he become qualified in the thirteen weeks following that date. The Tribunal advised that documented evidence of a condition, a record of treatment, and medical opinions stating no substantial improvement is likely in the next two years would be important for any fresh claim.