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

This matter concerned an appeal by Mr Chen against a decision of the Secretary, Department of Social Services, which affirmed a previous decision that he did not qualify for a Disability Support Pension (DSP). The core dispute revolved around whether Mr Chen's physical and psychiatric impairments met the criteria for a DSP qualification during the relevant period.

The legal issues before the Tribunal were whether Mr Chen had any physical, intellectual, or psychiatric impairments during the qualification period, and if so, whether these impairments attracted a rating of 20 points or more under the Impairment Tables. The Tribunal was also required to determine if, assuming the impairments met the threshold, Mr Chen had a continuing inability to work.

The Tribunal found that Mr Chen did have impairments from several conditions, including multifocal body pain due to degenerative spine and shoulder issues, Post-Traumatic Stress Disorder, a left knee tear, and a right wrist injury. However, the critical issue was whether these impairments were permanent and attracted a rating of 20 points or more under the Impairment Tables. Section 6(4) of the Impairment Tables defines a permanent condition as one that has been fully diagnosed, fully treated, and fully stabilised. The evidence indicated that Mr Chen's conditions, particularly his back and shoulder issues, were still undergoing treatment and had not been fully stabilised, with planned future treatments including surgery and ongoing physiotherapy. Consequently, the Tribunal concluded that the impairments did not meet the criteria for a 20-point rating under the Impairment Tables.

Accordingly, the Tribunal affirmed the reviewable decision, finding that Mr Chen was not qualified for a DSP during the qualifying period.