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

This matter concerned an application for a disability support pension (DSP) by the Applicant, who suffered from several medical conditions. The Secretary of the Department of Social Services was the Respondent. The Administrative Appeals Tribunal (AAT) was required to determine whether the Applicant's conditions met the criteria for a DSP, specifically concerning the diagnosis, treatment, and stabilisation of his conditions, and the allocation of points under the relevant Impairment Tables.

The primary legal issues before the Tribunal were whether the Applicant's various medical conditions, including arthritic conditions and pain in multiple body parts, were fully diagnosed, treated, and stabilised during the relevant qualification period. The Tribunal also had to determine the appropriate points allocation under Tables 2, 3, and 4 of the Impairment Tables, considering the functional limitations arising from these conditions. The Tribunal was guided by the principle that it must assess the conditions as they were at the time of the DSP application and the subsequent 13 weeks, and that subsequent progression of a condition would necessitate a new application.

The Tribunal noted that the Respondent conceded that the Applicant's arthritic conditions were fully diagnosed, treated, and stabilised during the qualification period and acknowledged that the Applicant suffered pain that could be rated under Tables 2, 3, and 4. The Respondent agreed that points should be assigned under Table 2 (Upper Limb Function) but contended, consistent with a previous finding, that only 5 points were attributable. This contention was supported by the findings of a medical report which detailed specific difficulties with fine motor skills, repetitive use of hands, and lifting. The Tribunal also observed the Applicant's long-term participation in a support program. Ultimately, the Tribunal affirmed the decision under review.