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

This matter concerned an appeal by the applicant against a decision of the Secretary, Department of Social Services, affirming a decision that the applicant did not qualify for a Disability Support Pension (DSP). The core of the dispute revolved around whether the applicant's impairments met the threshold required for DSP entitlement under the relevant legislation.

The legal issues before the Court were whether the applicant was qualified to receive DSP during the relevant period, specifically between 16 September 2019 and 16 December 2019. This required determining if the applicant had impairments that were fully diagnosed, treated, and stabilised, and if these impairments warranted an Impairment Rating of 20 or more points under the Impairment Tables. The Court also considered whether the applicant had a severe impairment of 20 points or more under a single Impairment Table, or if not, whether a program of support had been completed, and whether the applicant had a continuing inability to work.

The Court considered the medical evidence relating to the applicant's gouty arthritis, which impacted his upper limb function. While the respondent accepted the applicant had impairments, it was contended that these did not attract a rating of 20 points or more. The Court noted that the applicant's own reports indicated his gouty arthritis was well managed with medication and he had not suffered an episode for about two years, though it did affect his ability to use his hands. Medical reports confirmed difficulty holding or manipulating objects, but also observed the applicant could live independently, hold a pencil, and carry a one-litre carton of liquid. Ultimately, the Court found that the applicant's conditions could only be assigned five Impairment Points during the qualification period, and therefore, he did not qualify for DSP. The decision under review was affirmed.