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

This matter concerned an application for a disability support pension by Mr Dixon, who alleged he suffered from lower back damage and sciatica nerve damage. The Secretary of the Department of Social Services opposed the claim. The Administrative Appeals Tribunal was required to determine whether Mr Dixon's impairments met the threshold for the pension.

The Tribunal was asked to determine whether Mr Dixon had a physical, intellectual, or psychiatric impairment, what impairment ratings his conditions attracted under the relevant Impairment Tables, and if the total rating was 20 points or more, the impact of these conditions on his capacity to work. To qualify for the pension, Mr Dixon was required to demonstrate impairments rating 20 or more points under the Social Security (Tables for the Assessment of Work-related Impairment and Disability Support Pension) Determination 2011, and a continuing inability to work.

The Tribunal accepted that Mr Dixon had a medical condition causing impairment, satisfying one limb of the qualification criteria. However, while the Secretary conceded that Mr Dixon's spinal disorder was fully diagnosed, treated, and stabilised, attracting a 10-point impairment rating, the Tribunal was not satisfied that the overall impairment rating reached 20 points or more. Despite a neurosurgeon's opinion that Mr Dixon met the requirements for a 20% or 30% impairment under the Spinal Function table, the Tribunal noted it was its role to consider all evidence and assign the appropriate rating. The Tribunal concluded that Mr Dixon did not satisfy the requirements necessary to consider his continuing inability to work.

Consequently, the decision under review was affirmed, meaning Mr Dixon's application for a disability support pension was unsuccessful.