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

This matter concerned an appeal by the Applicant, Ms Cipolla, against a decision by the Secretary of the Department of Social Services to affirm a decision that she did not qualify for a disability support pension. The dispute centred on whether the Applicant’s physical, intellectual, or psychiatric impairments met the threshold of 20 points or more under the relevant tables, indicating a continuing inability to work. The case was heard by Ms N Isenberg, Senior Member.

The legal issues before the Tribunal were whether the Applicant’s diagnosed impairments were fully treated and stabilised, and if so, whether these impairments, when assessed against Table 2 (Upper Limb Function) and Table 5 (Mental Health Function) of the Social Security Act 1991, resulted in a functional impairment rating of 20 points or more. The Tribunal was required to consider the criteria for determining if a condition had been fully diagnosed and treated, including the presence of corroborating evidence, the extent of treatment or rehabilitation undertaken, and any planned future treatment.

The Tribunal considered the Applicant's left upper limb impairment following breast cancer. While there was no dispute that this condition was fully diagnosed, treated, and stabilised, the Applicant's description of her limitations, such as being unable to lift her arm above her head or carry shopping bags due to swelling and pain, was contrasted with her treating doctor's report. The doctor indicated that while she had difficulty with some tasks, she did not have limited movement in her hand, severe difficulty handling most objects, or severe difficulty using a computer keyboard or pen. The Applicant stated she only saw this doctor for prescriptions and that he would not be aware of her limitations, suggesting a disconnect in the assessment of her functional capacity.