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

This matter concerned an appeal by the Applicant against a decision by the Secretary, Department of Social Services, to affirm a decision that the Applicant was not eligible for a disability support pension. The Applicant claimed to suffer from multiple conditions, including heart disease, upper limb dysfunction, and a mental health condition, and sought an impairment rating under the relevant Impairment Tables. The Tribunal was required to assess whether these conditions were fully diagnosed, treated, and stabilised during the relevant period.

The legal issues before the Tribunal were whether the Applicant's various medical conditions met the criteria for an impairment rating under the Impairment Tables, specifically whether they were fully diagnosed, treated, and stabilised. The Tribunal considered the Applicant's ischemic heart disease, bilateral carpal tunnel syndrome, and a claimed mental health condition. The Tribunal also had to determine the appropriate point allocation under the relevant tables based on the evidence presented.

The Tribunal reasoned that the Applicant's ischemic heart disease could not be assigned an impairment rating as it was not fully treated and stabilised during the relevant period, citing ongoing investigations and symptoms. For bilateral carpal tunnel syndrome, the Tribunal accepted it was diagnosed, treated, and stabilised, but found that the Applicant's ability to perform various daily activities indicated a functional impact attracting only 5 points under Table 2, rather than the 10 points required for a moderate functional impact. The Tribunal also noted a lack of supporting medical evidence for a diagnosed mental health condition by an appropriate professional. Consequently, the Applicant's total impairment rating was assessed at only 10 points, which did not satisfy the eligibility criteria for a disability support pension under section 94(1)(b) of the Act. The decision under review was affirmed.