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

This matter concerned an application for a Disability Support Pension (DSP) by the applicant, Bennett, against the Secretary of the Department of Social Services. The central dispute revolved around whether the applicant's combined physical, intellectual, or psychiatric impairments met the threshold of 20 points or more under the relevant Impairment Tables, and whether these conditions were fully diagnosed, fully treated, and stabilised (FDTS). The case was heard by B J Illingworth SM.

The court was required to determine if the applicant's various medical conditions, including a significant wrist injury from 2001, subsequent adjustment disorder, lower back strain, type II diabetes, and other ailments, resulted in a combined impairment rating of at least 20 points as per the Impairment Tables. A key consideration was whether these conditions were FDTS, a prerequisite for establishing eligibility for the DSP.

The Tribunal considered the applicant's history of physical injuries and resulting conditions, including a wrist laceration that led to adjustment disorder, lower back strain from manual labour, and type II diabetes with complications. While acknowledging the applicant's various medical issues and periods of unfitness for work as documented in medical certificates, the Tribunal found that these certificates did not adequately detail the impact of each condition individually or in combination. Crucially, they did not provide sufficient information to determine if the conditions were FDTS or to establish a combined impairment rating under the Impairment Tables. Consequently, the Tribunal did not need to consider whether the applicant had actively participated in a program of support. The decision under review was affirmed.