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

This matter concerned an appeal by Mr Dickson against a decision of the Secretary of the Department of Social Services affirming a decision to reject his claim for a disability support pension. The Administrative Appeals Tribunal was required to determine whether Mr Dickson had one or more physical, intellectual, or psychiatric impairments, and if so, whether those impairments, when assessed under the Impairment Tables, resulted in a total impairment rating of at least 20 points. The Tribunal also needed to consider whether Mr Dickson had a continuing inability to work, although this was contingent on the preceding assessments.

The Tribunal considered evidence relating to Mr Dickson's back, fingers, knees, and hearing. The spinal condition was found to be asymptomatic and not relied upon by Mr Dickson for his claim, thus attracting no impairment rating. The finger condition was diagnosed and documented after the qualification period for the pension had ended, and it was not fully treated or stabilised, leading the Tribunal to conclude it did not support the claim. The Tribunal accepted that Mr Dickson had physical impairments relating to his knees and hearing at the time of lodging his claim.

However, the Tribunal found that Mr Dickson's knee condition, despite a history of injury and surgery, did not meet the criteria for a 20-point impairment rating under the Impairment Tables. While acknowledging ongoing pain and limitations, the Tribunal noted that the condition had not been consistently managed or treated during the relevant period, and the available evidence did not support the required level of functional impairment. Similarly, the hearing loss and tinnitus were not found to meet the threshold for a 20-point impairment rating. As Mr Dickson did not meet the 20-point threshold for his impairments, the Tribunal did not need to assess his continuing inability to work.

Consequently, the Tribunal affirmed the decision under review, finding that Mr Dickson did not qualify for a disability support pension because his impairments did not meet the required 20-point threshold under the Impairment Tables during the qualification period. The Tribunal noted that Mr Dickson was at liberty to lodge a new claim should his conditions progress or new impairments arise.