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

This matter concerned an appeal by an applicant against a decision to affirm the rejection of his claim for a Disability Support Pension (DSP). The primary issues before the Tribunal were whether the applicant's medical conditions attracted 20 points or more under the relevant Impairment Tables during the specified period, and if so, whether he had a continuing inability to work. The applicant provided evidence including general practitioner notes, mental health referrals, and correspondence from a psychologist, detailing his experiences with asthma, chest pain, and mental health issues.

The Tribunal considered the applicant's evidence, including his testimony about the impact of his conditions on his daily life and his attempts to find suitable employment. It noted the applicant's physical discomfort during the hearing, which was triggered by air conditioning, and acknowledged his expressions of pain, vulnerability, and hopelessness. While empathetic to his situation, the Tribunal stated its obligation to assess eligibility based on statutory requirements.

Regarding the applicant's occupational asthma, the Tribunal noted that while diagnosed and treated since 2017, it had been considered fully treated and stabilised by registered nurses in assessments requested by the respondent. Ultimately, the Tribunal found that, during the relevant period, the applicant's impairments did not attract 20 points or more under the Impairment Tables, as required by section 94(1)(b) of the Social Security Act 1991. Consequently, the decision under review was affirmed.