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

This matter concerned an application for a Disability Support Pension (DSP) by the Applicant, who claimed entitlement based on various medical conditions including chronic pain, adjustment disorder, anxiety, depression, colorectal problems, and neck and shoulder pain. The Secretary of the Department of Social Services opposed the claim. The case was heard by D Mitchell M.

The primary legal issues before the Tribunal were whether the Applicant's impairments attracted 20 points or more under the relevant Impairment Tables, and if so, whether the Applicant had a continuing inability to work. To attract points under the Impairment Tables, a condition must be fully diagnosed, fully treated, fully stabilised, and likely to persist for more than two years.

The Tribunal found that the Applicant's right upper limb condition (chronic right wrist pain) was fully diagnosed, treated, and stabilised during the relevant period, assigning it 10 points for moderate functional impairment under Table 2. However, the Applicant's left upper limb condition, shoulder and neck conditions, and bowel and rectal prolapse were not considered fully diagnosed, treated, or stabilised, and therefore could not be assigned impairment points. The Applicant's mental health condition was found to be fully diagnosed, treated, and stabilised, but only attracted 5 points for mild functional impairment under Table 5. As the Applicant's total impairment points did not reach the required 20, the Tribunal did not need to consider the continuing inability to work requirement.

Consequently, the Tribunal affirmed the decision under review, finding that the Applicant's impairments did not attract 20 points or more under the Impairment Tables.