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

This matter concerned an appeal by Mr Lange against a decision by the Secretary of the Department of Social Services regarding his eligibility for social security benefits. The central dispute revolved around whether Mr Lange met the criteria for a "continuing inability to work" as defined by section 94 of the relevant Act. The decision was made by Member Regina Perton of the Tribunal.

The Tribunal was required to determine two primary legal issues. Firstly, whether Mr Lange's accepted medical conditions attracted an impairment rating of at least 20 points under the Impairment Tables, specifically under a single table, to satisfy section 94(1)(b) of the Act. Secondly, the Tribunal had to consider whether Mr Lange had a continuing inability to work under section 94(1)(c) of the Act, which involved assessing whether his impairment was of itself sufficient to prevent him from doing any work independently of a program of support or undertaking a training activity within the next two years, and whether such activity would likely enable him to do work independently.

The Tribunal accepted the medical opinions of Dr Ng and Dr Minogue, finding that Mr Lange's condition attracted an impairment rating of 5 points under Table 4. This, when combined with other accepted conditions, resulted in a total impairment rating of 20 points, thereby satisfying section 94(1)(b). The Tribunal then considered section 94(1)(c) and the definitions provided in subsections (2) to (5). It noted that a "severe impairment" is defined as 20 points or more under a single Impairment Table. The Tribunal's reasoning focused on the statutory definitions of "work," "program of support," and "training activity," and how Mr Lange's impairment, as rated, would affect his capacity to engage in these activities independently or through training within the specified timeframe, without regard to the availability of training or local labour market conditions.