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

This matter concerned an application for a disability support pension (DSP) by the applicant, Mr Lutvey, against a decision by the Secretary of the Department of Social Services. The core dispute revolved around whether the applicant's various medical conditions met the criteria for receiving a DSP, specifically whether they attracted a sufficient impairment rating under the relevant tables.

The legal issues before the Tribunal were whether the applicant's impairments attracted 20 points or more under the Impairment Tables, and if so, whether he had a continuing inability to work. To attract points under the Impairment Tables, a condition must be fully diagnosed, fully treated, and fully stabilised, and likely to persist for more than two years. The Tribunal also considered the requirement for corroborating evidence for self-reported symptoms.

The Tribunal found that the applicant's asthma and Barrett's oesophagus conditions were fully diagnosed, treated, and stabilised, causing minimal functional impact, and therefore attracted 0 points. However, regarding the applicant's heart condition, the Tribunal determined it was not fully diagnosed, treated, or stabilised during the relevant period. This was because the applicant only became aware of the condition after lodging his DSP claim and commencing investigations. The applicant's fear of surgery, while acknowledged and supported by a psychiatrist's report, was considered to have been obtained outside the relevant period, thus carrying little weight.

Consequently, the Tribunal affirmed the decision to refuse the applicant's claim for a disability support pension, as his impairments did not attract the required 20 points or more under the Impairment Tables.