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

This matter concerned an appeal by the applicant against a decision of the Secretary of the Department of Social Services affirming a decision that the applicant was not eligible for a Disability Support Pension. The applicant’s claim for the pension was made on 25 January 2017, and the hearing was significantly delayed at the applicant's request to obtain further reports regarding his sensitivity to electromagnetic fields.

The primary legal issues before the Tribunal were whether the applicant's impairments attracted 20 points or more under the relevant Impairment Tables, and if so, whether he had a continuing inability to work. The Tribunal considered a substantial volume of material, including medical reports and evidence provided by the applicant, who focused on his sensitivity to electromagnetic fields and its perceived effects.

The Tribunal found that while the applicant had ongoing right foot pain, diagnosed as arthritis, and this condition was accepted by the Respondent as fully diagnosed, treated, and stabilised, it attracted zero impairment points under Table 3. The Tribunal also found that the applicant's other conditions, including all-over joint pain, diabetes, mental health issues, and sensitivity to electromagnetic fields, could not be considered permanent for the purposes of applying the Impairment Tables. Consequently, the Tribunal concluded that the applicant's impairments did not attract more than 20 points under the Impairment Tables.

As the applicant did not meet the threshold of 20 impairment points, the Tribunal found it unnecessary to consider whether he met the requirements for a continuing inability to work. Accordingly, the decision under review was affirmed.