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

This matter concerned an appeal by Mr. Rae against a decision of the Secretary, Department of Social Services, regarding his eligibility for a disability support pension. The Administrative Appeals Tribunal was required to determine whether Mr. Rae met the qualification requirements under the relevant legislation, specifically concerning his level of impairment and his continuing inability to work.

The primary legal issues before the Tribunal were twofold: first, whether Mr. Rae had an impairment rating of 20 points or more under the Impairment Tables during the qualification period; and second, if that threshold was met, whether he had a continuing inability to work as defined by the Act. The Tribunal considered medical evidence relating to Mr. Rae's spinal fractures, which resulted from a workplace incident, and his ongoing pain.

The Tribunal's reasoning focused on the lack of sufficient corroborating evidence to assign impairment points under the Impairment Tables. While medical evidence documented Mr. Rae's spinal fractures and reported pain, the Tribunal found it insufficient to quantify an impairment rating of 20 points or more. Consequently, the Tribunal concluded that Mr. Rae did not meet the initial qualification requirement. As this threshold was not met, the Tribunal did not proceed to consider the second issue of a continuing inability to work.

The Tribunal affirmed the decision under review, finding that Mr. Rae did not fulfil the qualification requirements for a disability support pension due to not having an impairment rating of 20 points or more under the Impairment Tables.