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

This matter concerned an appeal by Mr. Sharp against a decision of the Secretary of the Department of Social Services affirming a decision that he did not qualify for a Disability Support Pension (DSP). The central dispute revolved around whether Mr. Sharp met the criteria for a DSP, specifically whether he had 20 or more impairment points under the relevant tables during the qualification period.

The legal issues before the court were whether Mr. Sharp's diagnosed condition, Chronic Obstructive Pulmonary Disease (COPD), resulted in an impairment rating of 20 or more points under the Impairment Tables, and consequently, whether he had a continuing inability to work. The court was also required to consider whether Mr. Sharp had completed a program of support, although this was not in dispute.

The court reasoned that Table 1 of the Determination, concerning Functions requiring Physical Exertion and Stamina, was the relevant table for assessing Mr. Sharp's COPD. The court noted that this table requires corroborating evidence of impairment beyond self-reporting. While Mr. Sharp reported limitations in walking and exertion, the court found that the available Job Capacity Assessment Reports and medical evidence indicated only a mild functional impact on activities requiring physical exertion or stamina. Crucially, the court found no corroborating medical evidence to support an impairment rating of 5 points, let alone the 20 points required for a DSP.

Consequently, the court concluded that Mr. Sharp's impairments did not attract an impairment rating of more than 20 points during the qualification period. As this criterion was not met, it was unnecessary to consider the "continuing inability to work" requirement. The decision under review was affirmed.