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

This matter concerned an application for a second review of a decision by the Department of Social Services to affirm the cancellation of the Applicant's Disability Support Pension (DSP). The Applicant had been granted the DSP from 11 December 2001, but a review initiated on 1 July 2016 led to a decision that she no longer qualified. The Applicant sought a review of this decision, which was affirmed by an Authorised Review Officer on 4 January 2017. The Applicant then filed an application for a second review with the Tribunal.

The Tribunal was required to determine three key issues: first, whether the Applicant had any impairments that were fully diagnosed, treated, and stabilised; second, if such impairments existed, whether they attracted an impairment rating of 20 points or more under the relevant Impairment Tables; and third, whether the Applicant had a continuing inability to work. The Applicant's eligibility was to be assessed in accordance with the instrument in force on 1 July 2016, the date the assessment notice was issued.

The Tribunal considered the evidence, including Job Capacity Assessment Reports prepared by a registered psychologist and a registered occupational therapist, and medical reports. While the Applicant's daughter strongly criticised the review process, the Tribunal found no basis to challenge the professionalism or independence of the assessors, concluding that the Department had conducted the process thoroughly and properly. The Tribunal noted that the Applicant's spinal condition, shoulder condition, and carpal tunnel syndrome were fully diagnosed, treated, and stabilised, but other conditions were not. The Tribunal ultimately affirmed the decision that the Applicant no longer qualified for the DSP.