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

This matter concerned an appeal by Ms Quinn against a decision to cancel her Disability Support Pension (DSP). The dispute centred on whether Ms Quinn's medical conditions resulted in an impairment rating of 20 points or more under the relevant Impairment Tables, a threshold requirement for DSP qualification. The Administrative Appeals Tribunal, specifically Senior Member A C Cotter, was tasked with reviewing the decision to cancel Ms Quinn's DSP.

The primary legal issue before the Tribunal was to determine if Ms Quinn's impairments attracted 20 points or more under the Impairment Tables as they existed at the time of the cancellation of her DSP. If this threshold was met, the Tribunal would then need to consider whether she had a continuing inability to work. Ms Quinn contended that the review process had been flawed, arguing that both she and her doctor misunderstood the questions asked in the review forms, and that the Job Capacity Assessor's report did not accurately reflect her functional limitations.

The Tribunal considered Ms Quinn's spinal condition, degenerative arthropathy of the lumbar spine, which was not disputed as being fully diagnosed, treated, and stabilised. While the Secretary agreed with the Job Capacity Assessor's recommendation of five points for this impairment, Ms Quinn argued for 20 points, disputing several aspects of the assessor's report regarding her ability to perform certain movements and her experience of pain. The Tribunal found that Ms Quinn did not meet the required 20 impairment points at the date of cancellation, and therefore did not qualify for DSP. Consequently, it was not necessary to consider the issue of her continuing inability to work.

The decision under review was affirmed. The Tribunal noted that Ms Quinn's assertion that her conditions had worsened since the cancellation of her DSP, while not relevant to the current application, might be pertinent to any fresh claim she might lodge.