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

This matter concerned an application for a disability support pension (DSP) by the applicant, XDHW, against the Secretary of the Department of Social Services. The applicant sought to establish that he had one or more impairments that, when assessed under the Impairment Tables, resulted in a rating of at least 20 points, and that he had a continuing inability to work. The tribunal was required to determine whether the applicant's various conditions, including drug and alcohol dependency, a mental health condition, and inflammatory arthritis, were fully diagnosed, treated, and stabilised, and whether they met the permanence criteria for assessment under the Impairment Tables.

The court's reasoning focused on the requirement that for an impairment to be rated under the Impairment Tables, it must be fully diagnosed, fully treated, and fully stabilised, and expected to continue for at least two years. The tribunal found that while the applicant clearly suffered from significant disabilities, the medical evidence presented was incomplete and, at times, inconsistent. Specifically, the tribunal was not prepared to conclude that the applicant's inflammatory arthritis was fully diagnosed, treated, and stabilised due to insufficient evidence, and therefore could not assign a rating for this condition.

As the tribunal was unable to assign any ratings under the Impairment Tables, the applicant did not meet the criteria for a DSP. The tribunal noted that the applicant was plainly significantly disabled and likely unable to work, but that to succeed in a future application, a much more complete medical file would be required to allow a decision-maker to reach the necessary conclusions regarding permanence and severity. The decision affirmed the reviewable decision.