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

This matter concerned an appeal by the applicant against the Secretary of the Department of Social Services' decision to cancel his Disability Support Pension (DSP). The core of the dispute was whether the applicant satisfied the criteria for DSP as at the date of cancellation, specifically whether his conditions were fully treated, fully stabilised, or if his impairments attracted the requisite points under the Impairment Tables. The decision was made by Deputy K Bean P.

The legal issues before the court were whether the applicant's psychiatric conditions were fully treated and stabilised as at the date of cancellation of his DSP. This involved an assessment of the medical evidence regarding the diagnosis, treatment, and prognosis of his conditions, and whether these impairments met the threshold for a DSP qualification under the Impairment Tables.

Deputy K Bean P reasoned that the applicant's psychiatric conditions were not fully treated or stabilised as at 12 August 2015, the date of cancellation. While there was evidence of treatment between 2006 and 2009, including consultations with a psychiatrist and a psychologist, and the applicant was taking various medications, there was a significant gap in contemporaneous medical records and reports between mid-2009 and mid-2015. The court noted that even the treating doctors agreed that the applicant's psychiatric status and prognosis were essentially unknown as at August 2015, and that a lot could have changed in the intervening years. Consequently, the court found that none of the applicant's conditions attracted an impairment rating of at least 20 points under the Impairment Tables.

Accordingly, the court concluded that the applicant was not qualified for DSP on the date of cancellation and that the decision to cancel his pension was correct. The decision under review was therefore affirmed.