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

This matter concerned an appeal by the applicant, Schurmann, against a decision by the Secretary of the Department of Social Services regarding his eligibility for a Disability Support Pension (DSP). The core dispute revolved around whether the applicant's medical conditions met the criteria for a DSP, specifically concerning the severity of his impairments and his continuing inability to work. The decision was made by a Member of the Tribunal.

The legal issues before the Tribunal were twofold: first, whether the applicant's impairments attracted 20 points or more under the relevant Impairment Tables during the specified period; and second, if this threshold was met, whether the applicant had a continuing inability to work. The Tribunal was required to assess the diagnosis, treatment, and stabilisation of the applicant's mental health and prostate cancer conditions in light of the Impairment Tables.

The Tribunal found that while the applicant had evidence of adjustment disorder and depression, this mental health condition was not considered "fully diagnosed" for the purposes of the Impairment Tables, as there was no corroborating evidence from a psychiatrist or clinical psychologist during the relevant period. However, regarding the prostate cancer condition, the Tribunal was satisfied that the applicant had been diagnosed and treated for this condition, including recurrence. Crucially, the Tribunal determined that the applicant had a continuing inability to work at the date of his claim. Consequently, the Tribunal set aside the original decision and substituted a new decision finding that the applicant met the eligibility requirements for a DSP.