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

This matter concerned an appeal by Mr Pezerovic against a decision by the Secretary of the Department of Social Services to affirm a decision that he did not qualify for a disability support pension. The core dispute revolved around whether Mr Pezerovic's medical conditions, specifically a spine condition and a mental health condition, met the criteria for permanent impairment under the relevant Impairment Tables, and whether these impairments resulted in a continuing inability to work.

The Tribunal was required to determine if Mr Pezerovic's impairment was rated at 20 points or more under the Impairment Tables during the claim period, and if so, whether he had a continuing inability to work. This involved assessing the permanence and severity of his spinal condition, including the impact of chronic neuropathic pain syndrome, and his mental health condition. The Tribunal also needed to consider whether these conditions were fully diagnosed, treated, and stabilised during the relevant period.

The Tribunal found that while Mr Pezerovic suffered from chronic neuropathic pain syndrome, the evidence regarding the functional impact of his spinal condition during the claim period was incomplete and unclear. Although a specialist suggested a moderate functional impact, this was based on self-reported limitations. Furthermore, there was insufficient evidence to establish that his depression was fully treated and stabilised prior to or during the claim period. Consequently, the Tribunal concluded that Mr Pezerovic's impairment did not reach the threshold of 20 points or more under the Impairment Tables, and therefore, he did not satisfy the requirements for a disability support pension. The decision under review was affirmed.