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

This matter concerned an application for a Disability Support Pension (DSP) by Mr Taylor against the Secretary, Department of Social Services. The core dispute revolved around whether Mr Taylor's various medical conditions, including right shoulder bursitis, a fractured right ankle, lower back pain, an abdominal aortic aneurysm, a myocardial infarction, and anxiety, resulted in an impairment rating of 20 points or more under the relevant Impairment Tables, and whether he had a continuing inability to work. The decision was made by Ms Anna Burke.

The legal issues before the Tribunal were whether Mr Taylor suffered from a physical, intellectual, or psychiatric impairment; whether his diagnosed conditions were fully diagnosed, treated, and stabilised and likely to continue for at least two years; whether these conditions attracted a combined rating of 20 points or more under the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011; and whether he had a continuing inability to work.

The Tribunal found that Mr Taylor did suffer from the listed impairments. Crucially, it determined that his right distal fibula fracture qualified for 10 impairment points under Table 3 (Lower Limb Function), and his lower back condition and abdominal aortic aneurysm together attracted 10 impairment points under Table 4 (Spinal Function), resulting in a total impairment rating of 20 points. Furthermore, the Tribunal concluded that Mr Taylor satisfied the requirement of having a continuing inability to work. Consequently, the Tribunal set aside the previous decision and substituted a new determination that Mr Taylor qualified for the DSP as at the date of his claim.