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

This matter concerned an appeal by Ms Dearing against a decision by the Secretary of the Department of Social Services regarding her eligibility for a Disability Support Pension (DSP). The core dispute revolved around whether Ms Dearing met the legislative criteria for receiving a DSP, specifically concerning the nature and severity of her impairments and her continuing inability to work. The case was heard by Anna Burke, Member, of the Administrative Appeals Tribunal.

The legal issues before the Tribunal were whether Ms Dearing had a physical, intellectual, or psychiatric impairment; whether this impairment was diagnosed, treated, stabilised, and likely to continue for at least two years; whether her conditions attracted 20 points or more under the relevant Impairment Tables; and whether she had a continuing inability to work. The Tribunal was required to assess Ms Dearing's various medical conditions, including symptomatic flat feet, shoulder and upper arm disorders, spinal disorder, musculoskeletal disorders, and anxiety and depression, against the criteria set out in the Social Security Act 1991 and the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011.

The Tribunal found that Ms Dearing suffered from the accepted conditions, satisfying the initial requirement of having an impairment. Crucially, the Tribunal determined that her bilateral foot condition, which had involved extensive surgical treatment and ongoing pain and mobility issues, attracted 10 points under the Impairment Tables for lower limb function. Furthermore, the Tribunal found that her bilateral shoulder conditions attracted an additional 10 points for upper limb function, bringing her total to 20 points. This satisfied the requirement for her impairments to be rated at 20 points or more. The Tribunal was also satisfied that Ms Dearing had a continuing inability to work.

Consequently, the Tribunal set aside the decision under review and substituted a new determination that Ms Dearing satisfied all the requirements of section 94 of the Social Security Act 1991. Therefore, she qualified for the Disability Support Pension as at the date of her claim.