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

This matter concerned an application for a disability support pension by Ms Thomas, which had been cancelled. The Secretary of the Department of Social Services affirmed the cancellation. The review was heard by Dr L Bygrave, Member.

The determinative issues before the Tribunal were whether Ms Thomas had, at the date her disability support pension was cancelled, an impairment rating of 20 points or more under the Impairment Tables, and a continuing inability to work as defined in subsection 94(2) of the Social Security Act 1991 (Cth). The Tribunal considered Ms Thomas's medical conditions, including a spinal condition, chronic regional pain syndrome, fibromyalgia, post-traumatic stress disorder, emphysema, chronic obstructive pulmonary disease, and bilateral foot pain.

The Tribunal examined medical imaging reports and a general practitioner's report concerning Ms Thomas's spinal condition. While imaging showed some disc bulging and arthropathy, it did not reveal significant structural deficits. The general practitioner described chronic thoracic back pain since 2001, with symptoms including weekly "seizures" involving severe pain and leg weakness, exacerbated by activity. However, the general practitioner noted that these episodes were not witnessed, did not involve loss of consciousness, and did not fit a clear diagnostic profile, leading to a diagnosis of chronic regional pain syndrome. The Tribunal also noted that the MRI and CT scans had not revealed structural deficits.

The decision under review was affirmed. Ms Thomas was advised that if her circumstances changed, she was entitled to submit a new application for the disability support pension.