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

This matter concerned an appeal by Mr Drake against a decision by the Secretary, Department of Social Services, to reject his application for a disability support pension. The core of the dispute revolved around whether Mr Drake suffered an impairment that was fully diagnosed, treated, and stabilised, and if so, the extent of that impairment as measured against the relevant Impairment Tables. The Social Security Appeals Tribunal (SSAT) heard the case.

The SSAT was required to determine whether Mr Drake's heart condition constituted a permanent impairment for the purposes of the Impairment Determination, and consequently, whether he met the threshold for a disability support pension. A key legal issue was the adequacy of the medical evidence provided to assess the functional impact of his condition on his daily activities and capacity for work, particularly in relation to the specific descriptors within Impairment Table 1.

The SSAT found that Mr Drake's heart condition was permanent during the claim period, thus allowing for an impairment rating. However, the Tribunal considered the assessment of the level of impairment to be problematic due to incomplete corroborative medical evidence. While Mr Drake self-assessed a significant impairment, the medical opinions, including one from Dr Dagher agreeing with a 20-point rating, were found to be unhelpful as they lacked satisfactory explanations and demonstrated a misunderstanding of the Impairment Table descriptors. The Tribunal noted that Mr Drake's cardiologist indicated his condition was stable and that he could manage sedentary duties, despite limitations in heavy physical labour. The SSAT ultimately concluded that the provided medical evidence did not satisfactorily assess the functional impact of his heart condition.