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

This matter came before the Administrative Appeals Tribunal concerning an application for a disability support pension. The applicant, Mr Slee, sought to have a decision by the Secretary of the Department of Social Services reviewed. The core of the dispute revolved around whether Mr Slee possessed an impairment rating of 20 points or more under the relevant Impairment Tables, as required for eligibility for the pension.

The Tribunal was tasked with determining whether the applicant's impairments, specifically osteoarthritis affecting his spine and a post-viral condition, met the criteria for a severe impairment under the Impairment Tables. This involved assessing the functional impact of his conditions on his daily activities and capacity to work, and whether these conditions were permanent, fully diagnosed, treated, and stabilised. The Tribunal also considered the weight to be given to the applicant's oral evidence and the report of his treating doctor, Dr Gadd, in contrast to the job capacity assessment report.

The Tribunal's reasoning focused on the functional impact of the applicant's impairments, as stipulated by the Impairment Tables, rather than solely on anatomical diagnosis. Dr Gadd provided evidence that the applicant's osteoarthritis affecting the spine resulted in a severe functional impact, qualifying for 20 points under Table 4, as he was unable to perform overhead activities or turn his head or bend his neck without moving his trunk. Dr Gadd also assessed that the applicant's post-viral condition contributed a further 10 points under Table 1 for moderate functional impact on activities requiring physical exertion or stamina, bringing the total impairment rating to 30 points. The Tribunal accepted Dr Gadd's assessment that the applicant's condition was permanent, fully diagnosed, treated, and stabilised, based on radiological evidence and clinical assessment of functional limitations.

Consequently, the Tribunal set aside the decision under review. In substitution, it determined that the applicant was eligible to receive the disability support pension from 25 March 2015, finding that he had a severe impairment.