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

This matter concerned an appeal by the Applicant against a decision of the Secretary, Department of Social Services, regarding the Applicant's eligibility for a Disability Support Pension (DSP). The appeal was heard by P E Nolan SM.

The primary legal issue before the Court was whether the Applicant's medical conditions, specifically Fibromyalgia, Spondylosis, and Cerebrovascular disease, were fully diagnosed, treated, and stabilised during the relevant period, and whether these conditions resulted in an impairment rating of 20 points or more, as required for a DSP.

The Court found that, based on the evidence presented for the relevant period, the Applicant's conditions could only be assigned a total of 15 impairment points. Consequently, the Applicant did not meet the threshold of 20 impairment points necessary to qualify for the DSP. The Court noted that the Applicant's conditions may have worsened since the relevant period and suggested that a fresh application for DSP with updated medical evidence might be beneficial. The decision under review was affirmed.