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

This matter concerned an application for a Disability Support Pension (DSP) by Mrs Bertucci, who sought to challenge the decision of the Secretary, Department of Social Services, to refuse her claim. The core dispute revolved around whether Mrs Bertucci met the legislative requirements for DSP, specifically concerning the severity and stability of her diagnosed medical conditions and her consequent inability to work. The case was heard by Ms Anna Burke, a Member of the Tribunal.

The legal issues before the Tribunal were whether Mrs Bertucci, at the time of her application, had a physical, intellectual, or psychiatric impairment; whether this impairment was diagnosed, treated, and stabilised, and likely to continue for at least two years; whether her conditions attracted 20 points or more under the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011 (the Impairment Tables); and whether she had a continuing inability to work.

The Tribunal considered the evidence regarding Mrs Bertucci's conditions, including osteoarthritis, morbid obesity, depression, and anxiety. While the Tribunal found that Mrs Bertucci did suffer from impairments and that her osteoarthritis, in particular, significantly impacted her functional capacity, it ultimately determined that she did not meet all the criteria for DSP. Although the Tribunal found that Mrs Bertucci had the required 20 impairment points under the Impairment Tables, it also concluded that she did not have a severe impairment as defined by the Act and had not completed a required program of support.

Consequently, the Tribunal affirmed the decision under review, finding that Mrs Bertucci's application for DSP could not succeed as she had not met all the necessary eligibility requirements.