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

The Administrative Appeals Tribunal considered the appeal of Ms Prince against a decision by the Secretary of the Department of Social Services concerning her eligibility for the Disability Support Pension (DSP). The dispute centred on whether Ms Prince met the legislative requirements for the DSP, specifically regarding the assessment of her medical conditions and their impact on her functional capacity.

The Tribunal was required to determine whether Ms Prince's diagnosed conditions, namely a neck condition (cervical radiculopathy) and a gynaecological condition, resulted in a permanent impairment that prevented her from working. This involved assessing whether the conditions were fully diagnosed, fully treated, and fully stabilised within the relevant period, and whether they caused a sufficient level of impairment to qualify for the DSP under the relevant rules.

The Tribunal reasoned that for the neck condition, the evidence indicated that treatment was ongoing and the condition was not fully stabilised at the time of the claim. Ms Prince's own evidence suggested significant improvement with physiotherapy, and the discovery of a sinus disorder potentially contributing to some symptoms further complicated the assessment of the neck condition's impact. Consequently, no impairment points could be assigned for this condition. Regarding the gynaecological condition, while complications had occurred and pain medication was being taken, the condition was expected to improve within two years, suggesting it did not meet the criteria for a permanent impairment.

Ultimately, the Tribunal affirmed the decision under review, finding that Ms Prince did not satisfy all the necessary parts of section 94 of the relevant legislation to qualify for the DSP.