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

The Administrative Appeals Tribunal considered the appeal of Mr Mani against a decision by the Secretary, Department of Social Services, concerning his eligibility for a disability support pension. The core of the dispute revolved around whether Mr Mani met the criteria for an impairment rating of 20 points or more under the relevant Impairment Tables during the specified claim periods.

The Tribunal was required to determine two primary legal issues: first, whether Mr Mani possessed an impairment rating of 20 points or more under the Impairment Tables during the claim periods; and second, whether he had a continuing inability to work as defined by the Social Security Act 1991. The Tribunal focused its consideration on the first issue, specifically examining the evidence relating to Mr Mani's knee pain, depression, back pain, right arm pain, and gastro-oesophageal reflux.

In its reasoning, the Tribunal found that while Mr Mani's knee pain was fully diagnosed, it was not fully treated and stabilised during the claim period, as evidenced by the need for further surgery which occurred significantly later. Consequently, points could not be assigned for this condition under the Impairment Tables. The Tribunal also noted a lack of sufficient medical evidence to establish the functional impairment of Mr Mani's back pain, right arm pain, and gastro-oesophageal reflux. Due to the finding that Mr Mani did not meet the required impairment rating, the Tribunal deemed it unnecessary to consider the second issue of his continuing inability to work.

The Tribunal affirmed the decision under review, concluding that Mr Mani did not qualify for the disability support pension during the claim period.