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

This matter concerned an appeal by Mr Alchaar against a decision by the Secretary of the Department of Social Services regarding his eligibility for a disability support pension. The Administrative Appeals Tribunal was tasked with determining whether Mr Alchaar's impairments met the criteria for the pension.

The primary legal issues before the Tribunal were whether Mr Alchaar possessed an impairment rating of 20 points or more under the relevant Impairment Tables, and if so, whether he suffered from a continuing inability to work as defined by the Social Security Act 1991. The Tribunal also considered how chronic pain should be assessed, noting that it should be evaluated as part of the functional impairment in the affected area rather than as a separate condition.

The Tribunal's reasoning focused on Mr Alchaar's reported impairments, particularly his chronic back pain, which he identified as his most disabling condition. Evidence presented included medical reports dating back to 2012, detailing diagnoses such as lumbar spine discopathy. Despite undergoing surgery in 2020 for bilateral leg pain, Mr Alchaar reported no improvement in his symptoms. Subsequent medical imaging and assessments indicated ongoing degenerative changes and facet joint arthritis in his lumbar spine. His general practitioner had referred him for further review, and the agreed treatment plan involved continued medication and physical therapy, with facet joint injections having previously provided only minimal relief.

The Tribunal concluded that the issues of whether Mr Alchaar had an impairment rating of 20 points or more and a continuing inability to work needed to be determined. The decision under review was set aside and remitted for reconsideration.