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

The Administrative Appeals Tribunal considered the case of Doherty and the Secretary, Department of Social Services concerning an application for a disability support pension. The applicant sought review of a decision affirming the rejection of his claim, asserting that the difficulties he experienced in daily living were becoming increasingly severe. His primary medical condition involved Charcot neuropathy in his foot, a complication of diabetes, which had led to significant deformity and ulceration, requiring surgery and rendering him unable to walk without restriction.

The Tribunal was required to determine whether the applicant satisfied the criteria for a disability support pension under section 94(1) of the relevant Act, specifically whether his conditions were fully diagnosed and treated, and whether he had a continuing inability to work for at least two years. A key issue was the interpretation and application of the "severe functional impact" provisions, including the meaning of "assistance" and the evidentiary requirements for corroboration of symptoms.

The Senior Member, Dr Damien Cremean, found that the applicant's foot condition was permanent and had a severe functional impact. The Tribunal noted that the respondent conceded the permanence of the condition and suggested a points allocation under Table 3, which implied that corroboration of the applicant's symptoms was not in dispute. The Tribunal considered that the applicant's use of a wheelchair and walking frame, along with medical reports and his sister's statement, provided sufficient corroboration of his symptoms and the resulting impairments. The Tribunal also found that the applicant satisfied the requirement of a continuing inability to work for two years.

Consequently, the Tribunal set aside the decision under review and substituted a decision that the applicant was entitled to a disability support pension from the date of his claim, based on his foot condition.