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

The Administrative Appeals Tribunal (AAT) considered the appeal of Mr. Baranek against a decision by the Secretary of the Department of Social Services concerning his eligibility for a disability support pension. The core of the dispute revolved around whether Mr. Baranek's impairments were permanent and whether these impairments attracted a rating of 20 points or more under the relevant impairment tables during the period in question.

The Tribunal was required to determine two primary legal issues. Firstly, it had to assess whether Mr. Baranek's various medical conditions constituted permanent impairments. Secondly, and crucially, the Tribunal had to ascertain if these permanent impairments, when assessed against the criteria set out in the Impairment Tables, reached the threshold of 20 points or more, which is a prerequisite for receiving a disability support pension.

Member D K Grigg, in delivering the decision, applied the principles established in social security legislation and relevant case law concerning the assessment of permanent impairments. The Tribunal reviewed the medical evidence presented by Mr. Baranek and the Department, considering the nature, severity, and likely duration of his conditions. The assessment focused on whether the impairments met the specific diagnostic and functional criteria outlined in the Impairment Tables. After careful consideration of all the evidence, the Tribunal concluded that Mr. Baranek's impairments did not meet the required threshold of 20 points. Consequently, the decision under review, which affirmed the refusal of the disability support pension, was affirmed by the Tribunal.