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

This matter concerned an application for review of a decision by the Secretary, Department of Social Services, to reject the applicant's claim for a Disability Support Pension (DSP). The applicant, a 61-year-old woman who had sustained a fractured ankle in a fall, argued she was eligible for the pension due to her medical conditions and an inability to work. The Tribunal was required to determine whether the applicant met the eligibility criteria for a DSP.

The central legal issues before the Tribunal were whether the applicant had a medical impairment rating of at least 20 points under the relevant Impairment Tables, and whether she had a continuing inability to work. The applicant's claim was based on three identified medical conditions: lower limb deficiencies, diabetes, and depression.

The Tribunal's reasoning focused on the assessment of the applicant's medical conditions against the Impairment Tables. It concluded that the applicant's conditions had not been fully diagnosed, treated, and stabilised as required by either the 2011 or 2023 Impairment Tables. Furthermore, a relevant medical report did not indicate that her condition caused an impairment captured by any provision of these tables. Consequently, the Tribunal found it unnecessary to consider the issue of continuing inability to work, as the threshold impairment rating had not been met. The Tribunal affirmed the reviewable decision.