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

The Administrative Appeals Tribunal (AAT) considered the appeal of Mr Stagbar against a decision by the Secretary, Department of Social Services, concerning his eligibility for a Disability Support Pension (DSP). The central dispute revolved around whether Mr Stagbar's medical conditions, diagnosed and treated during the qualification period for the DSP, resulted in an impairment rating of 20 points or more under the Impairment Tables, and whether he had a continuing inability to work.

The legal issues before the Tribunal were twofold: firstly, whether Mr Stagbar's impairments could be assigned 20 points or more under the Impairment Tables during the relevant qualification period, and secondly, if so, whether he demonstrated a continuing inability to work. The Tribunal was required to assess the functional impact of Mr Stagbar's injuries, considering whether his conditions were fully diagnosed, fully treated, and fully stabilised as per the Impairment Tables' criteria.

The Tribunal reasoned that it could only consider Mr Stagbar's qualification for DSP within the specified qualification period, although evidence prepared after this period could be relevant if it shed light on his condition during that time. The Impairment Tables, which focus on functional impact rather than diagnosis, require an impairment to be permanent, meaning it has been fully diagnosed, fully treated, and fully stabilised, and is more likely than not to persist for more than two years. A condition is considered fully stabilised if further reasonable treatment is unlikely to result in significant functional improvement enabling work. The Tribunal found that Mr Stagbar's conditions, including right lateral epicondylitis and posterior interosseous nerve entrapment affecting his right elbow, forearm, and hand, and multiple rib fractures with haemopneumothorax in his left chest, were fully diagnosed, treated, and stabilised.

Based on the evidence presented, including Mr Stagbar's own clear and consistent testimony regarding his pain, limitations, and lifestyle changes, and a Job Capacity Assessment report, the Tribunal was satisfied that Mr Stagbar had a continuing inability to work. Consequently, the Tribunal set aside the decision under review and determined that Mr Stagbar was qualified to receive the Disability Support Pension from 29 April 2019.