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

This matter concerned an application for a further review of a decision to affirm the rejection of Leanne Jones' claim for a disability support pension. The applicant had lodged her claim after the cessation of periodic compensation payments she had been receiving following an employment injury in March 2011. She had also been involved in a motor vehicle accident in June 2013, which she claimed aggravated her pre-existing back pain and caused new neck pain. The review was heard by Mr S. Webb, Member.

The primary legal issues before the Tribunal were whether Ms Jones met the eligibility criteria for a disability support pension, specifically concerning the assessment and rating of her physical and psychological impairments. This involved determining if her physical impairments, particularly subjective pain, were consistent with objective medical evidence, and whether her psychiatric conditions were fully treated and stabilised, considering her history of drug dependency. The Tribunal needed to ascertain if she had established the minimum requirement of 20 impairment points under the relevant legislation.

The Member found that the subjective experience of pain reported by Ms Jones was not consistently supported by objective medical evidence. While Dr Evans noted her severe pain, he also stated that it was greater than could be explained physically and that scans revealed only mild degenerative changes in her cervical spine and no abnormalities in her lumbar spine. Furthermore, the Member noted that Ms Jones' psychiatric conditions were affected by her ongoing drug dependency, meaning they were not fully treated and stabilised as required for the pension. Consequently, the Tribunal concluded that the minimum requirement of 20 impairment points had not been established.

The decision under review was affirmed.