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

The Administrative Appeals Tribunal considered an appeal by Mr Baker against a decision by the Secretary, Department of Social Services, to affirm a decision that he did not qualify for a Disability Support Pension. Mr Baker’s claim for the pension was based on a cervical spine condition, rotator cuff disease, and epicondylitis.

The primary legal issues before the Tribunal were whether Mr Baker’s impairments were fully diagnosed, treated, and stabilised, and whether his impairments could be rated under the relevant Impairment Tables. The Tribunal was required to determine if the evidence established that Mr Baker had undertaken all reasonable treatment options to minimise or prevent the progression of his conditions.

The Tribunal found that while Mr Baker had received various treatments for his conditions, including physiotherapy and pain management, there was insufficient evidence to conclude that these treatments had been fully effective or that all reasonable treatment options had been exhausted. Specifically, the Tribunal accepted the Secretary’s submission that it was necessary to know which treatment was received for each specific condition and its efficacy. The Tribunal noted that Mr Baker had ceased treatment due to financial constraints and a belief that it would not be beneficial, despite his GP indicating further treatment was planned. Consequently, the Tribunal determined that Mr Baker’s impairments could not be considered fully treated and stabilised for the purposes of assessment under the Impairment Tables.

The Tribunal affirmed the decision of the Social Services and Child Support Division of the Tribunal made on 16 November 2016.