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

This matter concerned an application for a Disability Support Pension (DSP) by the Applicant, with the Secretary of the Department of Social Services as the respondent. The core dispute revolved around whether the Applicant's medical conditions met the criteria for receiving a DSP, specifically whether her impairments attracted a rating of 20 points or more under the relevant Impairment Tables. The decision was made by D Mitchell M.

The legal issues before the Tribunal were twofold: first, whether the Applicant's impairments attracted 20 points or more under the Impairment Tables during the relevant period; and second, if this threshold was met, whether the Applicant had a continuing inability to work. To attract an impairment rating under the Impairment Tables, a condition must be fully diagnosed, fully treated, and fully stabilised, and be more likely than not to persist for more than two years. Self-reported symptoms require corroborating evidence.

The Tribunal considered the Applicant's various medical conditions, including diabetes, COPD, and pituitary microadenoma, which were accepted as fully diagnosed, treated, and stabilised, attracting 10 impairment points under Table 1. However, the Applicant's mental health condition was found to be fully diagnosed but not fully treated and stabilised, thus not considered permanent for the purposes of the Impairment Tables. Similarly, cognitive impairment and other listed conditions were not deemed fully diagnosed, treated, or stabilised during the relevant period, precluding the assignment of impairment points.

Ultimately, the Tribunal found that the Applicant's impairments did not attract a total of 20 or more points under the Impairment Tables. Consequently, the decision under review, which refused the DSP claim, was affirmed. As the 20-point threshold was not met, the Tribunal did not need to consider the further requirement of a continuing inability to work.