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

This matter concerned an application for review of a decision to reject Mr. Pocock's claim for a Disability Support Pension. The primary dispute revolved around whether Mr. Pocock's medical conditions met the criteria for the pension, specifically whether his impairments attracted 20 or more points under the relevant Impairment Tables. The Administrative Appeals Tribunal was tasked with determining his eligibility.

The legal issues before the Tribunal were whether Mr. Pocock's various medical conditions, including epilepsy, a previous stroke, depression, degenerative back pain, diabetes, and obstructive sleep apnoea, were fully diagnosed, fully treated, and fully stabilised during the relevant period. Crucially, the Tribunal had to ascertain if these conditions, when assessed against the Impairment Tables, resulted in a total of 20 or more impairment points.

The Tribunal reasoned that for a condition to attract impairment points, it must be fully diagnosed, fully treated, and fully stabilised. Applying this principle, the Tribunal found that Mr. Pocock's stroke condition met these criteria and assigned it 10 points under Table 7 for moderate functional impairment. However, the Tribunal determined that his epilepsy, spinal canal stenosis, obstructive sleep apnoea, and diabetes were fully diagnosed but not fully treated or stabilised, thus precluding the assignment of points. Similarly, his depression was found not to be fully diagnosed, treated, or stabilised. As Mr. Pocock's impairments did not reach the threshold of 20 points, the Tribunal affirmed the original decision to reject his claim.