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

This matter concerned an application for a disability support pension by FTCG, who alleged an impairment due to cervical spondylosis. The Secretary of the Department of Social Services was the respondent. The Administrative Appeals Tribunal was required to determine whether the applicant had an impairment rating of 20 points or more under the Impairment Tables and a continuing inability to work as defined by the Social Security Act 1991.

The Tribunal considered medical evidence regarding the applicant's cervical spondylosis, including reports from his general practitioner, a physiotherapist, a neurosurgeon, and MRI results. The physiotherapist noted significant symptom relief and nil pain following treatment in November 2015. An MRI in December 2015 revealed moderate to severe degenerative spondylosis and disc herniation at the C7-T1 level, causing spinal stenosis and neuroforaminal narrowing. However, a neurosurgeon reported in January 2016 that the applicant's pain had settled, with only mild residual hand weakness, and opined that the condition typically had a favourable natural history with conservative treatment.

The Member of the Tribunal found that the applicant did not meet the threshold for an impairment rating of 20 points or more during the claim period, based on the evidence of symptom resolution and favourable prognosis. Consequently, it was not necessary to consider the second limb of the test, namely, whether the applicant had a continuing inability to work. The decision under review, which affirmed the denial of the disability support pension, was therefore affirmed.