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

The Administrative Appeals Tribunal considered an application by the Applicant, Mr Busch, for a disability support pension, which was opposed by the Secretary of the Department of Social Services. The core of the dispute concerned whether the Applicant's medical conditions, particularly his neck condition, were fully diagnosed, fully treated, and fully stabilised, and whether these conditions attracted an impairment rating of 20 points or more under the relevant Impairment Tables during the period under review.

The Tribunal was required to determine if the Applicant's neck condition met the criteria for a disability support pension, specifically whether it was fully diagnosed, treated, and stabilised, and if it resulted in an impairment rating of 20 points or more under the Impairment Tables. The Tribunal also needed to assess whether the Applicant had a continuing inability to work during the relevant period.

The Tribunal reasoned that regardless of the precise diagnosis of the Applicant's neck condition, his claim for a disability support pension would fail. If the Respondent's diagnosis of degenerative cervical spine changes aggravated by posterior cervical musculature injury was accepted, the Tribunal found it was fully diagnosed, treated, and stabilised. The Applicant's evidence did not support an impairment rating of 20 points or more under Table 4, as he could still perform activities such as hanging clothes, washing his hair, turning his head with limited range, picking up objects, and sitting for 30 minutes. Furthermore, the Applicant provided insufficient evidence for an impairment rating under other tables and did not make submissions arguing for 20 or more points. Alternatively, if the Applicant's contention of bone-on-bone causing nerve root impingement was considered, there was insufficient evidence that this was fully diagnosed during the relevant period, as diagnostic imaging and reports predating the relevant period did not confirm nerve root impingement, and any subsequent diagnosis or treatment occurred after this period. Consequently, the Tribunal found that the Applicant did not have a continuing inability to work during the relevant period, and the requirements for the pension were not met. The decision under review was affirmed.