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

The Administrative Appeals Tribunal considered the appeal of the Applicant against the decision of the Secretary, Department of Social Services, to refuse her claim for a Disability Support Pension (DSP). The Applicant had previously been in receipt of the DSP until its cancellation in 2017. Her subsequent reapplication for the DSP in January 2018 was rejected on the basis that her impairments did not attract 20 points or more under the relevant Impairment Tables.

The Tribunal was required to determine two key issues: first, whether the Applicant's impairments attracted 20 points or more under the Impairment Tables during the relevant period; and second, if so, whether she had a continuing inability to work. Central to the first issue was the requirement that any condition considered for impairment rating must be fully diagnosed, fully treated, and fully stabilised, and be more likely than not to persist for more than two years.

The Tribunal found that while the Applicant's spinal, chronic pain, and mental health conditions were fully diagnosed, they were not fully treated and fully stabilised during the relevant period. Evidence indicated ongoing investigations into further treatments, including potential surgery, and a lack of full engagement with recommended pain management programs. Consequently, these conditions could not be considered permanent for the purposes of applying the Impairment Tables, and no impairment points could be assigned.

As the Applicant's impairments did not attract 20 points or more under the Impairment Tables, the Tribunal concluded that it was unnecessary to consider the second issue regarding her continuing inability to work. Accordingly, the decision under review, which affirmed the refusal of the DSP claim, was affirmed.