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

This matter concerned an appeal by the applicant against a decision affirming the refusal of his application for a Disability Support Pension. The applicant claimed to suffer from chronic pain syndrome, anxiety, and depression. The core dispute revolved around whether these conditions were fully treated and stabilised during the relevant qualification period, and if so, whether they attracted an impairment rating of 20 points or more under the Impairment Tables, as required for the pension. The Administrative Appeals Tribunal (AAT) was tasked with determining these issues.

The legal issues before the Tribunal were whether the applicant's chronic pain syndrome, anxiety, and depression were fully diagnosed, fully treated, and fully stabilised during the qualification period, and whether these conditions, when assessed against the relevant Impairment Tables, resulted in an impairment rating of 20 points or more. The Tribunal was required to consider the applicant's functional capacity and the permanence of his impairments, with evidence post-qualification period being relevant only to the weight given to prognostications made during that period.

The Tribunal found that the applicant's chronic pain syndrome was fully diagnosed, treated, and stabilised during the qualification period and was likely to persist for at least two years. However, it noted that there was no specific table for chronic pain, and assessment was to be made by reference to the affected function, with Table 2 (Upper Limb Function) being the most appropriate in this instance. The Tribunal considered the applicant's evidence regarding his daily activities, including his reliance on others for financial transactions and cooking, his limited mobility due to dizziness and lack of confidence, and his avoidance of driving and public transport. The Tribunal ultimately affirmed the decision, finding that the applicant's impairments did not attract the requisite 20-point rating.