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

This matter concerned an appeal by Ms Berry against a decision by the Secretary of the Department of Social Services regarding her eligibility for a disability support pension. The core of the dispute revolved around whether Ms Berry's impairments were permanent and whether they attracted a sufficient impairment rating under the relevant social security legislation. The case was heard by D K Grigg M.

The legal issues before the court were whether Ms Berry's impairments were permanent and, if so, whether they attracted an impairment rating of 20 points or more under the Impairment Tables during the relevant qualification period. Specifically, the court had to determine if the evidence established that Ms Berry's conditions were permanent and likely to persist for more than two years, and if the resulting functional impact met the threshold for a 20-point rating.

The court's reasoning focused on the assessment of Ms Berry's physical and mental health impairments against the criteria set out in the Impairment Tables. While the Secretary accepted that Ms Berry suffered from certain physical impairments, the court found that her mental health condition could not be assigned an impairment rating due to a lack of diagnosis by a qualified medical practitioner or psychologist during the qualification period, and insufficient evidence of stabilised treatment. Furthermore, an ankle impairment was excluded as it was not fully treated and stabilised. The court then examined the evidence regarding Ms Berry's physical impairments, including reports detailing her neck and lower back pain, restricted movement, and intermittent numbness in her hands. However, the evidence did not demonstrate that her impairments met the functional requirements for a 20-point rating, particularly concerning her ability to handle objects, use a keyboard, or perform other tasks as outlined in the tables.

Ultimately, the court affirmed the decision under review, finding that Ms Berry's impairments did not attract an impairment rating of 20 or more points as required for the disability support pension.