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

This matter concerned an appeal by Ms Panter against a decision by the Secretary of the Department of Social Services regarding her eligibility for a Disability Support Pension (DSP). The core dispute revolved around whether Ms Panter's impairments met the threshold of 20 or more points under the relevant impairment tables, indicating a continuing inability to work. The case was heard by Member D K Grigg.

The legal issues before the court were whether Ms Panter's diagnosed conditions resulted in impairments that attracted an impairment rating of 20 or more points under the Impairment Tables, and consequently, whether she had a continuing inability to work. The court was required to assess the functional impact of Ms Panter's impairments, considering the permanence of her conditions and the extent to which they were fully diagnosed, treated, and stabilised.

The court's reasoning focused on the evidence presented regarding Ms Panter's Right Shoulder Impairment, Right Knee Impairment, and Diabetes. Medical reports from Dr Bierman, Dr Dickinson, and Dr Van der Walt, along with a Joint Case Assessment (JCA) report, detailed the functional limitations and pain experienced by Ms Panter due to her shoulder condition. These reports indicated difficulties with mobility, personal hygiene, household tasks, and driving, with some assessments assigning a whole person impairment rating. The court noted that for an impairment rating to be assigned, the condition must be permanent, meaning it has been fully diagnosed, treated, stabilised, and is likely to persist for more than two years. The court found that Ms Panter's impairments satisfied the requirements of section 94(1)(a) of the Act.

The decision under review was set aside, indicating that Ms Panter's appeal was successful, and her eligibility for the DSP was to be reconsidered based on the court's findings regarding her impairments.