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

This matter concerned an appeal by Sharon James Ryan against a decision of the Secretary of the Department of Social Services affirming a decision that she did not qualify for a disability support pension. The applicant had a number of physical impairments, including chronic lower back pain, Meniere’s disease, a heart condition, psoriasis, hiatus hernia, and diverticulitis. The core of the dispute was whether these impairments, when assessed under the relevant Impairment Tables, totalled 20 points or more, as required by section 94(1)(b) of the Social Security Act 1991 (Cth).

The Tribunal was required to determine whether the applicant's various medical conditions met the criteria for assessment under the Impairment Tables, and if so, whether the cumulative point score reached the threshold for qualification for a disability support pension. Specifically, the Tribunal had to consider the evidence supporting the diagnosis and functional impact of chronic lower back pain under Impairment Table 4 and Meniere’s disease under Impairment Table 11, as well as the overall evidentiary requirements for establishing permanent impairment.

The Tribunal found that the medical evidence regarding the applicant's chronic lower back pain was limited and incomplete, particularly concerning its functional impact during the claim period. While the condition was considered permanent, the lack of contemporaneous corroborating evidence prevented a reliable assessment of its functional impact for the purposes of Impairment Table 4. Similarly, for Meniere’s disease, the Tribunal noted a lack of specialist opinion to support the diagnosis and insufficient corroborating evidence to reliably assess its functional impact during the claim period, meaning it could not be considered fully diagnosed or permanent under Impairment Table 11. Consequently, the Tribunal concluded that there was insufficient evidence to allow for an assessment under the Impairment Tables that would result in a score of 20 points or more.

As the applicant did not satisfy the requirement of having impairments totalling 20 points or more under the Impairment Tables, she did not qualify for a disability support pension. The Tribunal affirmed the decision under review.