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

This matter concerned an appeal by Ms Brady against a decision to reject her claim for a Disability Support Pension (DSP). The Secretary of the Department of Social Services was the respondent. The dispute centred on whether Ms Brady's medical conditions, specifically emphysema and osteoarthritis/bursitis of the hips, met the qualification criteria for a DSP, including whether these impairments attracted 20 or more points under the relevant Impairment Tables. The decision was made by Ms S Taglieri, Member, of the Social Services Second Review.

The primary legal issues before the Tribunal were whether Ms Brady's impairments were fully diagnosed, fully treated, and stabilised, and whether these impairments attracted a sufficient number of points under the Impairment Tables to qualify her for a DSP. Ms Brady contended that her conditions warranted 20 impairment points, while the Respondent argued that the evidence failed to establish that her conditions were fully diagnosed, treated, and stabilised, and therefore no impairment points could be assigned. The Respondent also contended that even if points were assignable, Ms Brady had not demonstrated a continuing inability to work.

The Tribunal found that while Ms Brady's emphysema was diagnosed, treated, and stabilised, and her osteoarthritis of the hips was a permanent condition, neither condition, when assessed under the 2011 Determination, attracted the required number of impairment points. Specifically, the Tribunal was satisfied that emphysema attracted only 5 points, and it was not satisfied that her hip conditions caused functional impact. Consequently, Ms Brady did not meet the qualification requirement of 20 impairment points.

Accordingly, the Tribunal affirmed the decision to reject Ms Brady's claim for a DSP, finding it to be the correct decision. It was therefore unnecessary to consider the other qualification requirements for the DSP.