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

This matter concerned an appeal by Mr Smith against a decision by the Secretary of the Department of Social Services regarding his eligibility for a disability support pension. The central dispute revolved around whether Mr Smith's impairments attracted an impairment rating of 20 or more points under the relevant Impairment Tables, a requirement for the pension. The case was heard by Member D K Grigg.

The legal issues before the Tribunal were whether Mr Smith's physical impairments were permanent and whether these impairments resulted in a functional impact that attracted an impairment rating of 20 or more points under the Impairment Tables. Specifically, the Tribunal had to determine if Mr Smith's conditions were fully diagnosed, fully treated, fully stabilised, and likely to persist for more than two years, as required by the legislative framework governing the assessment of permanent conditions.

The Tribunal considered evidence regarding Mr Smith's upper limb and spinal impairments. The Secretary contended that a maximum of a 5-point rating was appropriate, highlighting Mr Smith's past employment as a store person/forklift driver, his ability to operate a forklift despite pre-existing conditions, and the absence of corroborating medical evidence for the claimed functional impact on his upper limbs. Mr Smith argued for a 20-point rating, citing difficulties with handling objects, writing, and dressing. The Tribunal found that while Mr Smith suffered from physical impairments, the evidence did not establish that these impairments attracted a rating of 20 or more points. The decision affirmed the Secretary's assessment.