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

This matter concerned an application for a disability support pension (DSP) by the applicant, who suffered from rheumatoid arthritis, osteoarthritis, fibromyalgia, chronic shoulder pain, headaches, tiredness, severe body pain, and foot pain. The Secretary of the Department of Social Services had rejected the applicant's claim. The Administrative Appeals Tribunal was required to determine whether the applicant was entitled to receive the DSP at the date of her claim or within 13 weeks thereafter.

The Tribunal was tasked with determining several legal issues. Firstly, it needed to ascertain whether the applicant had impairments for the purposes of the relevant legislation. Secondly, the Tribunal had to assess whether the applicant's impairments resulted in a total of 20 points or more under the Impairment Tables, considering whether her conditions were fully diagnosed, treated, and stabilised. Thirdly, the Tribunal was required to determine if the applicant had a continuing inability to work during the relevant period. Finally, the Tribunal needed to consider whether the applicant had actively participated in a program of support and if any exemption to such participation applied.

In its reasoning, the Tribunal found that the applicant's rheumatoid arthritis was fully diagnosed, treated, and stabilised during the relevant period, assigning it 20 points under the Impairment Tables (5 points for upper limb function, 5 points for lower limb function, and 10 points for spinal function). However, the Tribunal determined that the applicant's fibromyalgia was not fully diagnosed, treated, or stabilised, and therefore could not be considered permanent for the purposes of the Impairment Tables. Crucially, the Tribunal found that the applicant did not have a continuing inability to work during the relevant period. The Tribunal also noted that the applicant had not met the program of support requirements.

Consequently, the Tribunal affirmed the decision under review. The Tribunal noted that the applicant retained the ability to test her eligibility for a DSP at any time and could make a new claim if she had not already done so.