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

The Administrative Appeals Tribunal considered the case of Oliver and the Secretary, Department of Social Services, concerning an application for a disability support pension. The applicant presented evidence of medical conditions, including a neck condition, lower back issues, irritable bowel syndrome, and obesity, asserting these caused significant impairment. The core dispute revolved around whether these impairments met the threshold for a disability support pension, specifically whether they were fully diagnosed, treated, and stabilised, and whether the applicant achieved an impairment rating of 20 or more points according to the Impairment Tables.

The Tribunal was required to determine the applicant's overall impairment rating by assessing the severity of her various medical conditions against the criteria set out in the Impairment Tables. This involved considering whether each condition was fully diagnosed, treated, and stabilised, and then assigning points accordingly. The central legal question was whether the applicant's combined impairments reached the minimum threshold of 20 points necessary to qualify for a disability support pension.

In reaching its decision, the Tribunal considered the applicant's direct evidence and supporting letters, which corroborated her claims of impairment. However, the Tribunal concluded that only the neck condition, encompassing the lower back issues, was rateable, assigning it an impairment rating of 10 points. The other conditions were not found to be rateable. As the applicant's total impairment rating of 10 points did not meet the required 20 points, the Tribunal found it unnecessary to consider further issues related to the Program of Support. The decision under review was affirmed.