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

This matter concerned an appeal by Mr Grainger against a decision by the Secretary of the Department of Social Services affirming a refusal to grant him a disability support pension. The appeal was heard by A Poljak SM.

The primary legal issue before the Tribunal was whether Mr Grainger's medical conditions, specifically GORD, hyperlipidaemia, and generalised anxiety, met the criteria for an impairment rating under the Impairment Tables, as required for a disability support pension claim. This involved determining if these conditions were fully diagnosed, fully treated, and fully stabilised.

The Tribunal found that the Introduction to Table 5 of the Impairment Tables requires a diagnosis of a condition to be made by an appropriately qualified medical practitioner, with evidence from a clinical psychologist if the diagnosis is not made by a psychiatrist. As there was no evidence from a clinical psychologist or psychiatrist diagnosing Mr Grainger's generalised anxiety, the Tribunal was not satisfied that this condition was fully diagnosed, treated, and stabilised. Consequently, the Tribunal concluded that GORD, hyperlipidaemia, and generalised anxiety could not be given an impairment rating under the Impairment Tables.

As Mr Grainger's conditions did not rate 20 or more points under the Impairment Tables, it was unnecessary to consider his continuing inability to work. The Tribunal affirmed the decision under review, noting that Mr Grainger could reapply for a disability support pension at any time.