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

This matter concerned an appeal by Ms Teuati against a decision of the Secretary of the Department of Social Services regarding her eligibility for a disability support pension. The central dispute revolved around whether Ms Teuati's impairments were permanent and whether they attracted a sufficient impairment rating under the relevant tables to qualify for the pension during the specified qualification period. The case was heard by D K Grigg M.

The legal issues before the court were whether Ms Teuati's various diagnosed conditions, including Liver Impairment, Peripheral Neuropathy Impairment, Lymphoedema Impairment, and Chronic Back Pain Impairment, were permanent and, crucially, whether these impairments, when assessed against the relevant impairment tables, attracted a combined rating of 20 points or more. The court also had to consider which conditions were relevant to the qualification period and whether self-reported symptoms alone were sufficient to establish functional impairment.

The court's reasoning focused on the assessment of functional impact based on the evidence presented. It was noted that where a diagnosed condition results in no discernible impairment, a zero rating must be assigned. While Ms Teuati reported several symptoms and conditions, the court found that some, such as diabetes, hypertension, dyslipidaemia, and gastro-oesophageal reflux disorder, were not having a significant impact on her functioning during the qualification period. Similarly, anaemia had improved, gallstones were removed, and breast cancer was treated. Conditions diagnosed after the qualification period, such as melanomas, bursitis, and spina bifida occulta, were also excluded. Depression was considered but deemed to be well-managed with minimal impact. The court applied the principles outlined in the impairment tables, particularly Table 1 concerning physical exertion and stamina, which requires corroborating evidence beyond self-report.

Ultimately, the court affirmed the decision under review. Based on the available medical evidence and the assessment of functional impact during the qualification period, Ms Teuati's impairments did not meet the threshold of 20 or more points required for the disability support pension.