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

The Administrative Appeals Tribunal (AAT) considered the case of Ms Michelsen and the Secretary, Department of Social Services, concerning Ms Michelsen's eligibility for a Disability Support Pension (DSP). The central dispute revolved around whether Ms Michelsen met the criteria for a DSP, specifically regarding the diagnosis, treatment, and stabilisation of her medical conditions, and whether these conditions resulted in a sufficient level of impairment to prevent her from working.

The legal issues before the Tribunal included determining the appropriate method for assessing functional impairment under the Impairment Tables, particularly whether to consider the use of both hands or only the impaired hand. Additionally, the Tribunal had to assess whether Ms Michelsen's various medical conditions, including right wrist impairment, chronic adjustment disorder, left wrist pain, gastrointestinal issues, right knee condition, psoriatic arthritis, asthma, and obesity, were fully diagnosed, fully treated, and fully stabilised, and if they resulted in a continuing inability to work.

The Tribunal reasoned that when assessing functional impairment under Table 2, unless otherwise specified, it should consider a person's ability to function using both limbs, as this reflects the degree of functional impairment more accurately. This approach aligns with previous Tribunal decisions and promotes consistency in administrative decision-making. Regarding Ms Michelsen's specific conditions, the Tribunal found that her right wrist impairment and chronic adjustment disorder met the requirements. However, it concluded that the evidence did not sufficiently establish that her left wrist condition was fully diagnosed or treated, nor did it provide enough information on the impact of her gastrointestinal, right knee, psoriatic arthritis, asthma, and obesity conditions on her functional capacity.

Consequently, the Tribunal set aside the decision under review. While acknowledging the presence of some diagnosed and treated conditions, the Tribunal was unable to assign an impairment rating for the left wrist condition due to a lack of diagnostic evidence and treatment details. Furthermore, insufficient evidence was presented regarding the impact of other listed conditions on Ms Michelsen's ability to function, preventing a comprehensive assessment for the purpose of the DSP application.