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

This matter concerned an appeal by Ms Marskell against a decision by the Secretary, Department of Social Services, regarding her eligibility for a Disability Support Pension. The central dispute revolved around whether Ms Marskell's impairments met the threshold required under the Impairment Tables, specifically whether her functional impairment was 20 points or more, and whether she had a continuing inability to work. The case was heard by Dr I Alexander, Senior Member.

The legal issues before the Tribunal were to determine the extent of Ms Marskell's functional impairment due to her osteoarthritis in her hands and lower limbs during the qualification period. Specifically, the Tribunal needed to assess whether the impact of her hand osteoarthritis qualified for a rating of 20 points or more under Impairment Table 2, and whether her lower limb conditions, including hammer toe and knee osteoarthritis, contributed to a significant functional limitation. The Tribunal was also required to consider if these impairments resulted in a continuing inability to work.

The Tribunal considered evidence including a Functional Capacity Evaluation Report by an occupational therapist and reports from medical practitioners. While there was no dispute about the existence and permanence of Ms Marskell's hand osteoarthritis and its significant functional impact, the degree of that impact was contested. The Tribunal found that an earlier assessment suggested a mild to moderate functional impact. Despite evidence of progression of her arthritis after a diagnosis of ulcerative colitis and cessation of medication, the Tribunal was not persuaded that the functional impact on her hands reached a severe level during the qualification period, assigning a rating of 10 points under Impairment Table 2. Regarding her lower limbs, the Tribunal noted surgery for a hammer toe and active arthritis in her knees limiting her ability to kneel and squat, but the evidence did not establish a significant functional impairment from these conditions during the relevant period.

Ultimately, the Tribunal was not satisfied that Ms Marskell's impairments reached the threshold of 20 points or more under the Impairment Tables. Consequently, the Tribunal affirmed the decision of the Secretary, Department of Social Services, that Ms Marskell did not qualify for a Disability Support Pension.