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

This matter concerned an appeal by Mr Sneyd against a decision by the Secretary of the Department of Social Services to affirm a decision that he did not qualify for a disability support pension. The appeal was heard by I Thompson M of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether Mr Sneyd's medical conditions, specifically his back condition, were diagnosed, treated, and stabilised during the relevant qualification period, and whether these conditions resulted in an impairment rating of 20 points or more under the Impairment Tables. The Tribunal was required to consider the definition of a "fully stabilised" condition, which involves undertaking reasonable treatment and the unlikelihood of further significant functional improvement that would enable work in the next two years.

The Tribunal considered evidence from Mr Sneyd, his neurosurgeon Dr Zacest, his general practitioner Dr Cheng, and Dr Tschirn. It was noted that medical reports post-qualification period are only relevant to the extent they shed light on the condition during that period. The Tribunal applied Impairment Table 4 (Spinal Function), which assesses functional impact on activities like bending or turning. A moderate functional impact attracts 10 points, while a severe functional impact attracts 20 points. The Tribunal also had regard to sections 11(3) and 11(4) of the Rules, which address how to assess descriptors for activities and how to rate episodic or fluctuating conditions, taking into account severity, duration, and frequency of episodes. Dr Tschirn's evidence highlighted the variability and fluctuation in Mr Sneyd's condition, noting that during flare-ups, his functional ability was severely curtailed.

The Tribunal was satisfied that Mr Sneyd had a continuing inability to work within the meaning of s 94(1)(c) of the Social Security Act 1991. Accordingly, the Tribunal affirmed the decision under review, finding that Mr Sneyd qualified for the disability support pension from 21 January 2019.