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

This matter concerned an appeal by Mr Zhumabekov against a decision of the Department of Social Services affirming a decision that he did not qualify for a Disability Support Pension. The core dispute revolved around whether Mr Zhumabekov's medical conditions resulted in an impairment rating of 20 points or more under the Impairment Tables during the relevant qualification period, and whether he had a continuing inability to work. The appeal was heard by Dr I Alexander, Member.

The legal issues before the Tribunal were whether Mr Zhumabekov's impairment rating met the threshold of 20 points or more under the Impairment Tables, and if so, whether he had a continuing inability to work. These determinations were crucial for establishing his eligibility for a Disability Support Pension under section 94(1)(b) of the relevant Act.

The Tribunal's reasoning focused on the adequacy and stability of Mr Zhumabekov's medical treatment during the qualification period. Despite claims of systemic scleroderma and arthritis, the medical evidence was found to be incomplete and did not conclusively demonstrate a significant deterioration or that his conditions were fully treated and stabilised. The Tribunal noted that Mr Zhumabekov had engaged in self-medication and had limited supervised medical assessment or treatment in the years preceding the qualification period. Consequently, the Tribunal was not satisfied that a rating under the Impairment Tables could be assigned, as the conditions were not considered fully treated and stabilised.

As a result, the Tribunal concluded that Mr Zhumabekov's impairment was not 20 points or more under the Impairment Tables during the qualification period, and therefore he did not satisfy the requirements for a Disability Support Pension. The decision under review was affirmed.