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

This matter concerned an appeal by the applicant against a decision of the Secretary, Department of Social Services, regarding the applicant's eligibility for a disability support pension. The Administrative Appeals Tribunal was required to determine whether the applicant's medical conditions attracted 20 or more impairment points under the relevant tables and, if so, whether the applicant had a continuing inability to work.

The Tribunal considered several medical conditions presented by the applicant, including right shoulder pain, Complex Regional Pain Syndrome (CRPS), incontinence, mental health issues, skin conditions, and poor balance. The applicant conceded that the incontinence, mental health, and skin conditions should be disregarded for the purposes of the current application due to limited evidence and a lack of full diagnosis, treatment, and stabilisation. The Tribunal accepted this concession, finding these conditions were not permanent and therefore could not attract impairment points.

Regarding the applicant's right shoulder condition, the Tribunal found it was fully diagnosed, treated, and stabilised during the relevant period, supported by multiple medical reports. However, the Tribunal determined that this condition attracted only 5 points under Table 2 of the Impairment Tables, not the 10 points contended by the applicant. The Tribunal also noted that poor balance, while impacted by the shoulder condition, was not a standalone condition for which points could be assigned. As the applicant's impairments did not reach the threshold of 20 points, either on a single table or cumulatively, the Tribunal affirmed the decision under review.