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

This matter concerned an appeal by Ms Inukihaangana against a decision of the Secretary of the Department of Social Services to affirm a decision that she did not qualify for a Disability Support Pension (DSP). The appeal was heard by Dr I Alexander, a Member of the Tribunal. Ms Inukihaangana claimed her impairments, primarily morbid obesity and bilateral knee arthritis, resulted in a severe impairment.

The central legal issue before the Tribunal was whether Ms Inukihaangana suffered a severe impairment, as defined by the relevant legislation, during the claim period. Specifically, the Tribunal was required to determine if her impairments, when assessed under the Impairment Tables, resulted in a rating of 20 points or more under a single Impairment Table. The Tribunal also considered whether Ms Inukihaangana had participated in a program of support, a requirement for DSP eligibility.

The Tribunal found that while Ms Inukihaangana suffered from several medical conditions, including morbid obesity and bilateral knee osteoarthritis, the evidence did not establish a severe impairment. The medical evidence was described as incomplete, inconsistent, and generally unhelpful in quantifying the functional impact of her conditions during the claim period. While some evidence suggested a moderate functional impact from morbid obesity (10 points under Table 1) and knee arthritis (points under Table 3), there was insufficient evidence to demonstrate a combined rating of 20 points or more under a single table. Furthermore, the Tribunal noted that Ms Inukihaangana had not participated in a program of support.

Consequently, the Tribunal concluded that Ms Inukihaangana did not satisfy section 94(1)(c) of the Social Security Act 1991 (Cth) and therefore did not qualify for a DSP. The decision under review was affirmed.