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

This matter concerned an appeal by Mr Neasham against the Secretary of the Department of Social Services regarding his claim for a Disability Support Pension (DSP). The central dispute revolved around whether Mr Neasham's various medical impairments met the threshold for receiving a DSP. The case was heard by Brigadier AG Warner, Member, of the Administrative Appeals Tribunal.

The Tribunal was required to determine three key issues: firstly, whether Mr Neasham possessed any physical, intellectual, or psychiatric impairments as defined by section 94(1)(a) of the *Social Security Act 1991* (the Act); secondly, if such impairments existed, whether they collectively attracted an impairment rating of at least 20 points under the *Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2001* (the Impairment Tables) as required by section 94(1)(b) of the Act; and thirdly, whether Mr Neasham had a continuing inability to work due to these impairments, pursuant to section 94(1)(c)(i) of the Act.

In its reasoning, the Tribunal acknowledged that previous assessments of Mr Neasham's impairment ratings had varied. The Tribunal ultimately found that Mr Neasham's fibromyalgia, inflammatory arthritis, and vertigo, when considered together, attracted a combined impairment rating of 25 points. However, despite meeting the impairment rating threshold, the Tribunal concluded that Mr Neasham did not qualify for the DSP because he failed to satisfy the requirement of a continuing inability to work. Consequently, the Tribunal affirmed the decision under review.