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

This matter concerned an appeal by the applicant, Van Twest, against a decision by the Secretary of the Department of Social Services to cancel her Disability Support Pension (DSP). The central dispute revolved around whether the applicant's medical conditions, at the date of cancellation, met the criteria for a DSP, specifically whether her impairments attracted 20 or more points under the relevant Impairment Tables. The case was heard by D Mitchell M.

The legal issues before the Tribunal were whether the applicant's various medical conditions were fully diagnosed, fully treated, and fully stabilised at the date of cancellation, and consequently, whether these conditions attracted a total of 20 or more impairment points under the Impairment Tables as required by section 94(1)(b) of the Social Security Act. The Tribunal was required to assess the functional impact of each condition and determine its permanence for the purposes of assigning impairment ratings.

The Tribunal's reasoning focused on the applicant's own evidence regarding her conditions. While the applicant agreed her asthma/COPD condition warranted 10 impairment points and her right knee condition 5 impairment points, she contended her depression and anxiety, and other conditions, also attracted significant points. However, the Tribunal found that while her depression and anxiety were fully diagnosed, they were not fully treated and stabilised, and therefore could not be considered permanent for the purposes of the Impairment Tables. Similarly, other conditions were not deemed permanent. Consequently, the Tribunal concluded that the applicant's impairments attracted a total of 15 points under the Impairment Tables.

Accordingly, the Tribunal affirmed the decision under review, finding that at the date of cancellation, the applicant's impairments did not attract 20 points or more under the Impairment Tables.