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

This matter concerned an appeal to the Tribunal regarding the applicant's eligibility for a Disability Support Pension (DSP). The applicant had made two claims for DSP, one in 2017 and a second in 2018, both of which were rejected by the Secretary of the Department of Social Services. The core dispute revolved around whether the applicant's medical conditions met the criteria for a DSP, specifically whether they attracted 20 or more impairment points under the relevant Impairment Tables.

The Tribunal was required to determine two primary legal issues. Firstly, whether the applicant's impairments attracted 20 or more points under the Impairment Tables during the relevant periods for both his 2017 and 2018 applications. Secondly, if the impairment threshold was met, whether the applicant had a continuing inability to work. The assessment of these issues hinged on whether the applicant's various medical conditions, including spinal disorders, disc prolapse, ligament tears, and other limb and shoulder issues, were fully diagnosed, fully treated, and fully stabilised.

The Tribunal found that the applicant was not eligible for DSP in relation to his 2017 application, as he conceded that his impairments did not attract 20 points at that time. For the 2018 application, the applicant also conceded that his upper limb, lower limb, and other conditions were not fully diagnosed, treated, and stabilised, thus precluding an impairment rating. The Tribunal determined that while the applicant's back condition was fully diagnosed, treated, and stabilised, attracting 10 points under Table 4, his neck condition, though fully diagnosed, was not fully treated and stabilised. Consequently, the applicant's impairments did not attract a total of 20 or more points under the Impairment Tables. As the impairment threshold was not met, the Tribunal did not need to consider the applicant's continuing inability to work. The decision under review was affirmed.