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

This matter concerned an appeal by Mr Taylor against a decision by the Secretary of the Department of Social Services regarding his eligibility for a disability support pension. The Administrative Appeals Tribunal was required to determine whether Mr Taylor met the qualification requirements for the pension, specifically concerning his level of impairment.

The primary legal issue before the Tribunal was whether Mr Taylor's accepted permanent conditions, carpal tunnel syndrome and osteoarthritis, resulted in an impairment rating of 20 points or more, as mandated by section 94(1)(b) of the Social Security Act 1991 (Cth). This required the Tribunal to consider the Impairment Tables and the rules for their application, including the criteria for a condition to be considered permanent and the necessity for corroborating evidence beyond self-reporting of symptoms.

The Tribunal reasoned that for an impairment rating to be assigned, the underlying condition must be permanent, meaning it has been fully diagnosed, treated, and stabilised, and is likely to persist for more than two years. While Mr Taylor's carpal tunnel syndrome was accepted as attracting a 5-point impairment rating under Table 2, and his osteoarthritis a 5-point rating under Table 3, his chronic neck pain could not be considered fully treated and stabilised during the qualification period. Consequently, his total impairment rating was 10 points, falling short of the required 20 points.

As Mr Taylor did not satisfy the impairment rating requirement, the Tribunal found he did not qualify for a disability support pension. Accordingly, the decision under review was affirmed.