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

This matter concerned an appeal by Mr. Armstrong against a decision by the Secretary, Department of Social Services, regarding his eligibility for a disability support pension. The Administrative Appeals Tribunal was tasked with determining whether Mr. Armstrong met the legislative requirements for the pension, specifically concerning the severity of his impairments.

The primary legal issues before the Tribunal were whether Mr. Armstrong had an impairment rating of 20 points or more under the Impairment Tables during the relevant qualification period, and if so, whether he had a continuing inability to work as defined by the Social Security Act 1991. The Tribunal's consideration of Mr. Armstrong's medical conditions was limited to the written evidence provided, as he elected not to give oral evidence or make submissions.

The Tribunal found insufficient evidence to assign an impairment rating for Mr. Armstrong's mental health condition, as the diagnosis was not made by a psychiatrist and lacked corroborating evidence from a clinical psychologist. Similarly, for his left knee condition, while there was evidence of pain and reduced function post-surgery, the Tribunal noted that improvement had ceased and the condition was treated with medications commenced after the qualification period. Furthermore, there was insufficient evidence regarding his rotator cuff syndrome and its functional impact. Consequently, the Tribunal concluded that Mr. Armstrong did not meet the threshold requirement of having impairments of 20 points or more.

As Mr. Armstrong failed to meet the minimum impairment rating threshold, the Tribunal determined it was unnecessary to consider the issue of his continuing inability to work. Accordingly, the Tribunal affirmed the decision under review.