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

This matter concerned an appeal by Mr Psomiadis against a decision by the Secretary of the Department of Social Services regarding his eligibility for a Disability Support Pension (DSP). The central dispute revolved around whether Mr Psomiadis' various medical conditions were permanent, as required for the DSP. The decision was made by D K Grigg M.

The legal issues before the court were to determine which of Mr Psomiadis' claimed impairments satisfied the requirements of section 94(1)(a) of the relevant Act, specifically whether these impairments were permanent and fully treated or stabilised during the Qualification Period. The court was required to assess the evidence presented for each condition, including alcohol dependency, depression and anxiety, cognitive impairment, right groin hernia, sleep apnoea, and a pilonidal sinus, to ascertain their permanency and treatability.

The court found that the Secretary accepted, and the court was satisfied, that Mr Psomiadis had impairments that met section 94(1)(a) during the Qualification Period, specifically alcohol dependency, depression, and anxiety. However, for cognitive impairment, the court noted recommended treatment was not evidenced, and the condition was linked to alcoholism, which was not considered fully treated. The right groin hernia and sleep apnoea were not considered as there was insufficient evidence of their current status or stabilisation post-Qualification Period. The pilonidal sinus was also excluded as it was not fully treated and stabilised until after the Qualification Period.