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

This matter concerned an appeal by Mr Thurston against a decision by the Secretary of the Department of Social Services regarding his eligibility for a Disability Support Pension (DSP). The central dispute revolved around whether Mr Thurston met the qualification period requirements for the DSP, specifically concerning the severity of his impairments. The case was heard by a Member of the Tribunal.

The primary legal issues before the Tribunal were whether, during the relevant qualification period, Mr Thurston possessed an impairment rating of 20 points or more under the Impairment Tables, and if so, whether he had a continuing inability to work as defined by the Social Security Act 1991. Mr Thurston's claimed impairments included a mental health condition, impaired hearing and tinnitus, a left wrist condition, and sleep apnoea.

The Tribunal considered the medical evidence concerning Mr Thurston's mental health conditions, which included diagnoses of major depressive disorder, anxiety, and features of post-traumatic stress disorder, with symptoms dating back many years. However, the Tribunal noted a lack of evidence regarding a specific diagnosis for his back condition, preventing an assessment of impairment in that regard. Ultimately, the Tribunal found that Mr Thurston had an impairment rating of only 5 points under the Impairment Tables. Consequently, he did not satisfy the qualification requirement of 20 points or more. As this threshold was not met, the Tribunal did not need to consider the issue of his continuing inability to work. The Tribunal affirmed the decision under review.