JXLT 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, regarding an applicant's claim for Disability Support Pension (DSP). The applicant, JXLT, sought to establish that she had an impairment rating of 20 points or more under the Impairment Tables and a continuing inability to work during the relevant qualification period. The dispute centred on whether the applicant's various medical conditions met the criteria for a DSP qualification.

The Tribunal was required to determine two primary legal issues. Firstly, whether the applicant possessed an impairment rating of 20 points or more under the Impairment Tables during the qualification period. Secondly, if that threshold was met, whether the applicant had a continuing inability to work as defined by section 94(2) of the relevant Act. The assessment of the applicant's mental health condition also involved considering the requirements of the Impairment Tables, specifically the need for a diagnosis by an appropriately qualified medical practitioner and corroborating evidence of impairment beyond self-reported symptoms.

The Tribunal's reasoning led it to conclude that it was unable to assign an impairment rating in respect of any of the applicant's medical conditions. This was largely because the applicant had not undertaken recommended treatments by her general practitioner and specialists within the qualification period. For instance, the Tribunal accepted submissions that recommended treatments for COPD could result in significant functional improvement, thus precluding an impairment rating for that condition. Similarly, regarding her mental health condition, the Tribunal noted the lack of a definitive diagnosis from a psychiatrist and insufficient corroborating evidence of impairment. Consequently, the applicant did not satisfy the requirement of having an impairment, or combination of impairments, attracting a rating of at least 20 points under the Impairment Tables.

As the applicant failed to meet the threshold impairment rating, the Tribunal found it unnecessary to consider the second issue of a continuing inability to work. The Tribunal affirmed the decision under review, finding that the applicant was not qualified for DSP within the specified period. The applicant was advised that she could lodge a further claim if new medical evidence emerged regarding the treatment, stabilisation, and permanence of her impairments.