O'Meara and Secretary, Department of Social Services (Social services second review)

This matter concerned an appeal by the applicant, O'Meara, against a decision by the Secretary of the Department of Social Services regarding a claim for a disability support pension. The appeal was heard by P E Nolan SM.

The primary legal issue before the Tribunal was whether the applicant's inner ear conditions were permanent and fully diagnosed, treated, and stabilised during the relevant period, as required for the assessment of an impairment rating under Table 11 of the Social Security Act 1991. The Tribunal was also required to consider whether the applicant's impairment, if established, would attract sufficient impairment points and be considered severe.

The Tribunal found that the applicant's condition was not permanent, which was a threshold requirement for progressing to further assessments. While the Tribunal acknowledged that the applicant might genuinely suffer from a condition that could attract the necessary impairment points, it concluded that the medical evidence provided did not sufficiently demonstrate this. Without adequate supporting documentation to confirm the diagnosis, treatment, and stabilisation of the condition during the relevant period, the Tribunal could not find that the applicant met the criteria for an impairment rating. Consequently, the Tribunal affirmed the decision under review.