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

This matter concerned an appeal by the applicant against a decision to affirm the rejection of their claim for a Disability Support Pension. The dispute centred on whether the applicant's medical conditions met the criteria for the pension, specifically whether they were fully diagnosed, fully treated, and fully stabilised, and whether these conditions resulted in an impairment rating of 20 points or more under the relevant Impairment Tables. The appeal was heard by R Maguire and P Ranson Members of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether the applicant's various medical conditions, including psoriatic arthritis, were fully diagnosed, fully treated, and fully stabilised during the qualification period for the Disability Support Pension. Crucially, the Tribunal had to determine if the impairments arising from these conditions could be rated under the Impairment Tables, as required by section 94(1)(b) of the relevant Act, which mandates that an applicant must have a physical or mental impairment that is fully diagnosed, fully treated, and fully stabilised, and results in an impairment rating of 20 points or more.

The Tribunal considered the respondent's contention that while the applicant's psoriatic arthritis was diagnosed, it was not fully treated or stabilised during the qualification period. Evidence presented included the applicant's Pharmaceutical Benefits Scheme Patient Summary, which indicated a gap in filling prescriptions for methotrexate between December 2014 and December 2016. Furthermore, medical notes from Dr David Spiers in December 2016 recorded the applicant's admission of having stopped medication, except for thyroxin, and her agreement to resume methotrexate. Subsequent medical advice in late 2016 and early 2017 also indicated a need for the applicant to restart methotrexate and another medication, golimumab. The Tribunal applied the principle that for impairments to be rated under the Impairment Tables, the underlying conditions must have reached a state of being fully treated and stabilised.