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

This matter concerned an appeal by Mr Voller against a decision by the Secretary of the Department of Social Services regarding his eligibility for a disability support pension (DSP). The sole issue before the Tribunal was whether Mr Voller's impairments, specifically myasthenia gravis and fibromyalgia, were assessable as severe under Table 1 of the Impairment Tables during the claim period of 9 October 2017 to 8 January 2018. Mr Voller had not participated in a program of support, meaning his eligibility hinged entirely on whether his impairments met the threshold for a 20-point rating under the Impairment Tables.

The Tribunal was required to determine if Mr Voller's impairments had a severe adverse functional impact on activities requiring physical exertion or stamina, which would qualify him for a 20-point rating under Table 1 of the Impairment Tables. This assessment was to be made specifically for the period between 9 October 2017 and 8 January 2018, irrespective of any subsequent eligibility for DSP. The Tribunal considered evidence from Mr Voller and a letter from his general practitioner, Dr Maung, dated 21 March 2018, which described the functional impacts of his fibromyalgia.

The Tribunal found that while Dr Maung's letter indicated a severe functional impact on physical exertion, it did not meet the specific criteria outlined in descriptor 1(a) of Table 1 of the Impairment Tables. Consequently, Mr Voller could not be assigned a rating of severe, or 20 points, under that table for the claim period. The Tribunal affirmed the decision under review.