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

Miodrag Strbac sought a review of the Secretary, Department of Social Services' decision to reject his claim for a disability support pension. Mr Strbac had lodged a further claim for the pension in May 2015, citing various physical and psychological impairments including back and shoulder injuries, and secondary depression. The Tribunal, differently constituted, had previously affirmed a decision rejecting his claim in November 2014.

The primary legal issue before the Tribunal was whether Mr Strbac qualified for a disability support pension at the time of his May 2015 claim, pursuant to section 94 of the Social Security Act 1991. This required determining if he had a physical, intellectual, or psychiatric impairment that attracted a rating of 20 points or more under the Impairment Tables, and if he had a continuing inability to work.

The Tribunal considered the medical evidence, including reports from Mr Strbac's general practitioner and a Job Capacity Assessor. While acknowledging Mr Strbac's reported pain and the need for surgical treatment for his shoulder and spine, the Tribunal found that the evidence did not support the contention that he met the qualification requirements for the pension. Specifically, the assessment of his functional loss did not reach the minimum threshold of 20 points required by the Impairment Tables.

The decision under review, which rejected Mr Strbac's claim for a disability support pension, was affirmed.