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

This matter concerned an appeal by Mrs Fullick against a decision by the Secretary of the Department of Social Services affirming a decision that she did not satisfy the qualification criteria for a Disability Support Pension (DSP). The dispute centred on whether Mrs Fullick's impairments were fully diagnosed, treated, and stabilised, and whether her impairment rating met the threshold required under the relevant Impairment Tables.

The Administrative Appeals Tribunal (AAT) was required to determine if Mrs Fullick's impairments, specifically her chronic low back degenerative condition and left sciatica, had been fully treated and stabilised during the qualification period. It also needed to assess whether her level of impairment, as measured against the Impairment Tables, reached the required 20 points or more. If the impairment rating was below 20 points, the Tribunal had to consider whether she met the alternative criteria for a DSP, including having a Continuing Inability to Work (CITW).

The Tribunal found that Mrs Fullick's back condition and consequential sciatica had been fully treated and stabilised, accepting the long-standing opinion of her GP that her conditions were "untreatable, permanent and disabling." While acknowledging a recent referral to a neurosurgeon, the Tribunal considered any potential treatment speculative and inferred the referral was made in response to the proceedings. Applying the Impairment Tables, the Tribunal determined that Mrs Fullick did not satisfy the criteria for a rating of 20 points or more under Table 3 (Lower Limb Function) or Table 4 (Spinal Function), although it found a rating of 5 points was met for Table 4 due to some difficulty bending and straightening. Consequently, Mrs Fullick did not meet the qualification criteria for a DSP.

The Tribunal affirmed the reviewable decision. It also noted Mrs Fullick's unsuccessful attempt to apply for Jobseeker and expressed a hope that any future application would proceed smoothly.