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

This matter concerned an application for a Disability Support Pension (DSP) by the Applicant, who listed several medical conditions including blood cancer, leg pain and swelling, shortness of breath, chest pain, and fainting and dizziness. The Secretary of the Department of Social Services had rejected the Applicant's claim. The Administrative Appeals Tribunal was required to determine whether the Applicant was entitled to receive the DSP.

The primary legal issues before the Tribunal were whether the Applicant's medical conditions were fully diagnosed, fully treated, and fully stabilised, and whether these conditions resulted in an impairment of 20 points or more under the relevant Impairment Tables. The Tribunal considered two Job Capacity Assessments (JCAs) which assessed the Applicant's conditions, including myocardial infarction, polycythaemia rubra vera, respiratory disorder, spinal disorder, anxiety, and depression.

The Tribunal found that the Applicant's polycythaemia condition was fully diagnosed, treated, and stabilised, assigning it 5 points under Table 1 of the Impairment Tables, indicating a mild functional impairment. However, the Tribunal determined that the Applicant's lung, heart, spine, and mental health conditions were not fully diagnosed, treated, or stabilised during the relevant period, and therefore could not be considered permanent for the purposes of assigning impairment points. As the Applicant's impairments did not attract 20 points or more under the Impairment Tables, the Tribunal affirmed the decision under review.