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

This matter concerned an appeal by Mrs Dockerty against a decision of the Secretary of the Department of Social Services regarding her eligibility for a Disability Support Pension (DSP). The appeal was heard by Dr James Popple, Senior Member.

The central legal issue before the Tribunal was whether Mrs Dockerty had a physical, intellectual, or psychiatric impairment that attracted a rating of 20 points or more under the Impairment Tables, as required by section 94(1)(b) of the *Social Security Act 1991* (Cth) for qualification for a DSP.

The Tribunal found that while Mrs Dockerty did have a physical impairment for the purposes of section 94(1)(a) of the *Social Security Act 1991* (Cth) during the relevant period, her impairment did not reach the threshold of 20 points or more under the Impairment Tables. Consequently, she did not satisfy the requirements of section 94(1)(b) and therefore did not qualify for the DSP. The Tribunal noted that there was evidence of a subsequent deterioration in Mrs Dockerty's condition, and she was at liberty to make a new application for a DSP.