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

This matter concerned an appeal by the Secretary, Department of Social Services, against a decision of the Social Services and Child Support Division (SSCSD) of the Administrative Appeals Tribunal. The SSCSD had set aside a prior decision to reject Mr John Lymbery's claim for a Disability Support Pension (DSP) and substituted a decision that Mr Lymbery satisfied the eligibility criteria as at 6 June 2017. Mr Lymbery had lodged his claim for DSP on 6 June 2017, listing several conditions including lumbar back pain, depression, severe insomnia, chronic pain, severe sciatica nerve pain/numbness, and anxiety.

The primary legal issue before the court was whether Mr Lymbery's back condition, at the relevant time, attracted 20 points or more under the Impairment Tables, a requirement for DSP eligibility. This necessitated determining whether his condition was fully diagnosed, fully treated, and fully stabilised, and more likely than not to persist for more than two years. The court also considered whether his mental health condition was sufficiently diagnosed and supported by corroborating evidence.

The court found that while Mr Lymbery's back condition was fully diagnosed at the relevant period, the evidence did not establish that it was fully treated and stabilised. The court found the evidence provided by Dr Ladhams unpersuasive due to inconsistencies and a lack of clear reasoning regarding the absence of further treatment options. Conversely, the court found the evidence of Dr Adam more persuasive, who opined that further treatment was available that could lead to functional improvement and assist Mr Lymbery in returning to work. Consequently, the court concluded that Mr Lymbery's impairments did not attract the required 20 points under the Impairment Tables.

The court set aside the SSCSD's decision and substituted a new decision that Mr Lymbery was not qualified for a DSP at the date of his claim or in the 13 weeks thereafter.