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

This matter concerned an appeal by an applicant against a decision of the Secretary, Department of Social Services, affirming a decision that the applicant did not qualify for a Disability Support Pension (DSP). The appeal was heard by P J Clauson Am SM.

The primary legal issues before the Tribunal were whether the applicant had a physical, intellectual, or psychiatric condition that was fully diagnosed, treated, and stabilised during the relevant period. Further, the Tribunal had to determine if these conditions warranted an Impairment Rating of 20 points or more under the Impairment Tables, and if so, whether the applicant had a severe impairment or had completed a program of support, ultimately leading to a continuing inability to work.

The Tribunal considered the applicant's spinal and lower limb conditions, which had been diagnosed and treated, including surgical intervention. Medical reports indicated that despite surgery and physiotherapy, the applicant continued to experience pain, with one report suggesting the groin pain was exacerbated by hip joint issues. However, the Tribunal found that the applicant's conditions could not be assigned any Impairment Points during the relevant period. Consequently, the applicant did not meet the criteria for a DSP.

The decision under review was affirmed.