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

The Administrative Appeals Tribunal considered a claim for a disability support pension made by Ms. Amai against the Secretary, Department of Social Services. The dispute concerned whether Ms. Amai's various medical conditions, including hearing loss, tinnitus, and a shoulder condition, resulted in a sufficient level of impairment to qualify for the pension. The Tribunal was required to assess the applicant's impairment ratings under the relevant Impairment Tables.

The primary legal issues before the Tribunal were whether Ms. Amai's shoulder condition, or alternatively her hearing loss and tinnitus, resulted in an impairment rating of 20 points or more under a single Impairment Table. It was a conceded fact that Ms. Amai had not participated in a program of support, meaning that to succeed, she needed to meet the 20-point threshold under a single table. The Tribunal also considered whether she suffered from a continuing inability to work, though this became secondary to the impairment assessment.

The Tribunal reasoned that for the shoulder condition, the evidence was limited to two medical certificates and the applicant's own statement, which were insufficient to meet the corroborating evidence requirements of Table 2 – Upper Limb Function. Regarding the hearing loss and tinnitus, the Tribunal noted the audiologist's evidence of profound hearing loss in the right ear and significant loss in the left, as well as the applicant's self-reported difficulties with concentration and balance. However, the assessment of tinnitus relied heavily on self-reporting, and the audiologist acknowledged that the Tinnitus Reaction Questionnaire weighted towards psychological aspects. Crucially, the Tribunal found that the applicant's conditions, as assessed, did not meet the 20-point threshold under any single Impairment Table.

Consequently, as Ms. Amai failed to meet the necessary impairment rating requirements within the qualifying period, the Tribunal affirmed the respondent's decision to reject her claim for a disability support pension.