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

In Tierney and Secretary, Department of Social Services (Social services second review), the Administrative Appeals Tribunal considered an appeal by Ms Tierney against the decision to reject her claim for a disability support pension. Ms Tierney claimed to suffer from lumbosacral back pain with bilateral sciatica and mixed anxiety and depression, which she argued resulted in a total impairment rating of at least 20 points.

The Tribunal was required to determine whether Ms Tierney's claimed impairments met the criteria for a disability support pension, specifically whether her conditions were permanent and if they attracted an impairment rating of 20 points or more under the relevant Impairment Tables. The core legal issue revolved around the interpretation of "permanent" as defined in the Impairment Determination, which requires an impairment to be fully diagnosed, fully treated, and fully stabilised, and likely to persist for more than two years.

The Tribunal reasoned that for an impairment to be rated, it must be supported by corroborating medical evidence, not solely self-reporting of symptoms. It noted that while Ms Tierney's conditions were diagnosed and had a long history, the assessment of their permanence and the extent of their functional impact required careful consideration of the evidence regarding treatment and the likelihood of significant functional improvement within the next two years. The Tribunal applied the principles outlined in the Impairment Determination, particularly the requirements for an impairment to be fully diagnosed, treated, and stabilised, and the necessity of corroborating medical evidence to support reported symptoms.