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

This matter concerned an application for review of a decision by the Secretary, Department of Social Services, to refuse Mr Jenkins a disability support pension. The Administrative Appeals Tribunal was required to determine whether Mr Jenkins' impairments attracted 20 points or more under the relevant Impairment Tables, and whether these impairments were fully diagnosed, treated, and stabilised during the qualification period.

The Tribunal considered evidence including medical certificates, reports from Mr Jenkins' general practitioner Dr Petro and neurosurgeon Dr Stoodley, and the findings of a Job Capacity Assessment. The central legal issue was whether Mr Jenkins met the criteria for a disability support pension, specifically the requirement for an impairment rating of 20 points or more under a single Impairment Table, and the condition that the impairment be fully diagnosed, treated, and stabilised.

The Tribunal found that while Mr Jenkins had undergone surgery for his lower back and sciatic pain, and continued to experience chronic pain, the evidence did not establish that his impairments met the threshold for a disability support pension during the qualification period. Although Dr Petro considered the condition likely to persist and deteriorate, the Job Capacity Assessment rated the condition as fully diagnosed, treated, and stabilised with a lower point score. The Tribunal concluded that Mr Jenkins did not have a permanent impairment within the qualification period that attracted a rating of 20 points or more.

Consequently, the Tribunal affirmed the decision under review, finding that Mr Jenkins did not qualify for a disability support pension during the relevant period.