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

This matter concerned an appeal by Ms Lord against the decision of the Secretary of the Department of Social Services to cancel her Disability Support Pension (DSP). The central dispute revolved around whether Ms Lord's impairments, specifically an upper limb condition and a lower limb condition, rated 20 points or more under the relevant Impairment Tables, thereby qualifying her for a DSP. The case was heard by Dr I Alexander, a Member of the Tribunal.

The legal issues before the Tribunal were whether Ms Lord's upper limb condition, including a diagnosis of Complex Regional Pain Syndrome (CRPS) Type II, and her lower limb condition, advanced osteoarthritis of both knees, resulted in an impairment rating of 20 points or more under the Impairment Tables at the date of the cancellation of her DSP. Specifically, the Tribunal needed to determine if these conditions were permanent and fully diagnosed, treated, and stabilised for the purposes of the Impairment Determination.

The Tribunal considered the medical evidence presented, noting that while Ms Lord reported ongoing pain and functional limitations, the corroborative evidence for her upper limb impairment was limited. Despite a diagnosis of CRPS Type II by one specialist, other medical reports and investigations did not consistently support this diagnosis or its severity. Regarding her lower limb condition, the Tribunal acknowledged the bilateral knee replacements and ongoing pain, but found that at the date of cancellation, her chronic pain condition was not fully diagnosed, treated, or stabilised, and therefore not permanent. Consequently, a rating under the Impairment Tables could not be assigned.

As the Tribunal was satisfied that Ms Lord's impairment was not 20 points or more at the date of cancellation, she did not satisfy the criteria for a DSP under section 94(1)(b) of the Act. Therefore, the decision to cancel her DSP was affirmed.