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

This matter concerned an application for a Disability Support Pension by the Applicant, Mr. Prothero, against the Secretary of the Department of Social Services. The review was heard by P E Nolan SM. The core dispute revolved around whether the Applicant met the criteria for the pension, specifically concerning the severity of his functional impairment and whether his conditions were fully diagnosed, treated, and stabilised.

The legal issues before the Tribunal were whether the Applicant had conditions that were fully diagnosed, treated, and stabilised during the relevant period, and whether he possessed at least 20 impairment points as required by the legislation. The Tribunal was required to assess the Applicant's functional capacity based on his own evidence and the supporting medical material to determine if he met the threshold for a severe functional impairment.

The SM considered the Applicant's testimony regarding his daily living activities, including his ability to dress, groom, sit, bend, and move around. While acknowledging the Applicant's credibility, the SM found that his evidence, when taken at face value, placed him outside the range of a 20-point functional impairment. The medical evidence, though not differing from the Applicant's description of his conditions, did not classify his impairment as severe. Specifically, regarding his lower limb function, the SM noted that further medical examination was required, and the condition was not yet fully treated, as indicated by the need for an arthroscopy which had not been performed.

Consequently, the SM concluded that the Applicant did not meet the legislative framework for a Disability Support Pension. The application was dismissed as the Applicant's own evidence and the supporting medical reports did not demonstrate a severe functional impairment.