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

The Administrative Appeals Tribunal considered the appeal of a claimant, Raleigh, against a decision by the Secretary of the Department of Social Services to refuse a Disability Support Pension (DSP). The core of the dispute concerned whether Raleigh's medical conditions met the criteria for a DSP, specifically whether these conditions were fully diagnosed, fully treated, and fully stabilised, and whether they resulted in an impairment of 20 points or more under the relevant impairment tables during the period in question.

The Tribunal was required to determine two primary legal issues. Firstly, it had to assess whether Raleigh's various medical conditions, as presented, satisfied the stringent requirements of being fully diagnosed, fully treated, and fully stabilised. Secondly, the Tribunal needed to ascertain if the cumulative impact of these conditions, when assessed against the specific criteria of the impairment tables, reached the threshold of 20 points or more, which is a prerequisite for the grant of a DSP.

In reaching its decision, the Tribunal applied the principles established in social security legislation and relevant case law concerning the assessment of disability for DSP purposes. The Tribunal carefully reviewed the medical evidence provided by Raleigh and the Department, considering the nature of the diagnoses, the treatment undertaken, and the prognosis for stabilisation. The Tribunal found that while Raleigh suffered from a number of medical conditions, these conditions were not, at the relevant time, considered to be fully diagnosed, fully treated, and fully stabilised to the degree required by the legislation. Furthermore, the Tribunal concluded that the assessed level of impairment, based on the available evidence and the impairment tables, did not reach the threshold of 20 points. Consequently, the Tribunal affirmed the decision under review.