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

This matter concerned an appeal by Mr Beard against a decision by the Secretary of the Department of Social Services to affirm a decision that he did not qualify for a disability support pension. The appeal was heard by Professor R McCallum AO, Member.

The primary legal issue before the Tribunal was whether Mr Beard's impairments, specifically his spinal condition, excessive weight, anxiety, and other listed conditions, were fully diagnosed, treated, and stabilised during the relevant claim period, and if so, whether these impairments rated 20 points or more under the Impairment Tables.

The Tribunal found that Mr Beard suffered from several impairments, including a spinal condition, excessive weight, anxiety, asthma, gastro-oesophageal reflux disease, hypertension, hyperlipidaemia, and thrombocytopenia. While the spinal condition was diagnosed, the Tribunal noted that it was considered unsafe and technically difficult to offer surgical intervention due to Mr Beard's excessive weight. Medical advice suggested a significant period of weight loss would be required before surgery could be considered, and it was uncertain whether surgery would ultimately be necessary or if weight loss alone would alleviate the pain. Consequently, the Tribunal concluded that the spinal condition was not fully treated and stabilised during the claim period. As the spinal condition was not fully diagnosed, treated, and stabilised, it could not be assessed under the Impairment Tables.

Given these findings, the Tribunal determined it was unnecessary to consider whether Mr Beard had a continuing inability to work. The decision under review was affirmed.