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

This matter concerned an appeal by VQFV against a decision by the Secretary of the Department of Social Services regarding her qualification for a Disability Support Pension. The dispute centred on whether VQFV's various medical conditions, including right knee issues, dermatitis allergy, hypertension, and hypercholesterolaemia, resulted in an impairment rating of 20 points or more under the Impairment Tables, and whether she had a continuing inability to work. The decision was made by Ms Anna Burke, Member, of the Administrative Appeals Tribunal.

The Tribunal was required to determine if VQFV met the criteria for a Disability Support Pension under section 94(1) of the relevant Act. This involved assessing whether her impairments were severe, meaning they attracted a rating of 20 points or more under a single Impairment Table, and whether she had a continuing inability to work. Crucially, the assessment of her impairment was to be made within a qualifying period of 13 weeks from the date of her claim, which was 1 June 2017. The Tribunal also had to consider the legislative requirements for a condition to be considered "permanent" under the Impairment Tables, including that it must be fully diagnosed, treated, stabilised, and likely to persist for more than two years, with corroborating evidence beyond self-reporting.

The Tribunal's reasoning focused on the evidence of VQFV's current condition. While a Job Capacity Assessment during the qualifying period suggested a capacity to work 15-22 hours per week with intervention, a more recent report from her orthopaedic surgeon indicated a deterioration in her condition. This surgeon's report highlighted significant pain issues that rendered her unable to work. The Tribunal considered this recent medical evidence to indicate a continuing inability to work, despite the earlier assessment. The Tribunal affirmed the decision under review.