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

This matter concerned an application for a Disability Support Pension (DSP) by Mr Sadikovski against the Secretary, Department of Social Services. The dispute centred on whether Mr Sadikovski met the eligibility criteria for the DSP, specifically concerning the severity of his impairments and his capacity to work. The case was heard by Ms A E Burke, AO Member, of the Tribunal.

The legal issues before the Tribunal were whether Mr Sadikovski possessed a physical, intellectual, or psychiatric impairment that was fully diagnosed, treated, and stabilised, and likely to continue for at least two years. Crucially, the Tribunal had to determine if these conditions attracted a rating of 20 points or more under the Impairment Tables, and whether he had a continuing inability to work. The Tribunal also considered whether a program of support had been undertaken or was ongoing, as required by the legislation.

The Tribunal found that Mr Sadikovski did suffer from a spinal disorder, satisfying the initial requirement of having an impairment. Furthermore, after considering all the evidence, including Mr Sadikovski's own account of his pain, reliance on aids, and assistance from family, the Tribunal determined that his conditions did attract the required 20 impairment points under the Impairment Tables. However, the Tribunal concluded that Mr Sadikovski had not completed a program of support and did not demonstrate a continuing inability to work.

Consequently, as Mr Sadikovski failed to meet all the necessary eligibility requirements for the DSP, including the program of support and continuing inability to work criteria, the Tribunal affirmed the decision under review.