Kilner 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 was seeking to overturn a decision by the Secretary, Department of Social Services. The Applicant contended that he had medical conditions that met the criteria for a DSP. The Tribunal was required to determine whether the Applicant's conditions were fully diagnosed, treated, and stabilised during the relevant period, and whether these conditions resulted in an impairment rating of 20 points or more under the relevant Impairment Tables.

The Tribunal considered the Applicant's spinal condition, adjustment disorder, and otitis/vertigo. For the spinal condition, the Tribunal found that while it was diagnosed, it was not fully treated and stabilised during the relevant period, as treatment was limited to "vitamins" and the Applicant had not sought specialist opinion or engaged in recognised therapies. Furthermore, the Applicant reported symptom improvement since ceasing work. The Tribunal concluded that even if the condition were considered stabilised, it would attract a maximum of five impairment points, falling short of the required 10 points for the spinal condition alone, as the Applicant could still bend down and pick up light items and had a full range of neck movement.

Ultimately, the Tribunal determined that the Applicant's conditions, when assessed against the Impairment Tables, could only be assigned a total of 10 impairment points. As this did not meet the threshold of 20 impairment points required for a DSP, the Tribunal affirmed the decision under review.