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

This matter concerned an appeal by Mr Baker against a decision by the Secretary, Department of Social Services, regarding his eligibility for a Disability Support Pension (DSP). The Administrative Appeals Tribunal was required to determine whether Mr Baker had physical, intellectual, or psychiatric impairments that attracted a rating of at least 20 points under the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011, and if so, whether he had a continuing inability to work. The relevant period for assessment was from the date of Mr Baker's claim, 26 May 2015, to 13 weeks thereafter, ending on 25 August 2015.

The Tribunal considered two conditions diagnosed by Dr Sacks: Chronic Pain Disorder and Chronic Adjustment Disorder with depressed and anxious mood. For an impairment rating to be assigned under the Impairment Tables, the condition must be permanent, meaning it has been fully diagnosed, fully treated, fully stabilised, and is more likely than not to persist for more than two years. The Tribunal accepted the concession that Mr Baker suffered from these conditions.

Regarding the Chronic Pain Disorder, while it was diagnosed by an appropriately qualified medical practitioner, the Tribunal found it was not fully treated or stabilised within the relevant period, as a referral to a Rehabilitation Medicine specialist was planned and significant functional improvement was anticipated with participation in a rehabilitation program. Therefore, this condition was not considered permanent under the Impairment Tables, and no rating could be applied. Similarly, the Chronic Adjustment Disorder was not considered permanent. As Mr Baker's impairments did not attract the required 20-point rating, he did not satisfy the criteria for a DSP. The Tribunal affirmed the decision under review.