Ward 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 claimed to suffer from chronic pain, neck and lumbar spine conditions, and a psychological condition. The Secretary of the Department of Social Services opposed the claim. The Administrative Appeals Tribunal (AAT) was required to determine whether the Applicant was entitled to DSP.

The primary legal issues before the Tribunal were whether the Applicant's impairments attracted 20 points or more under the relevant Impairment Tables, and if so, whether he had a continuing inability to work. A prerequisite for assigning impairment points under the Tables was that the medical conditions causing the impairment must be fully diagnosed, fully treated, and fully stabilised, and be more likely than not to persist for more than two years.

The Tribunal found that while the Applicant's bilateral carpal tunnel syndrome, neck, shoulder, and back pain conditions were fully diagnosed, they were not fully treated and stabilised during the relevant period, and therefore could not be considered permanent for the purposes of the Impairment Tables. Similarly, the Applicant's psychological condition was also found not to be fully diagnosed, fully treated, and fully stabilised during the relevant period, precluding the assignment of impairment points. Consequently, the Tribunal concluded that the Applicant's impairments did not attract 20 points or more under the Impairment Tables.

As the Applicant did not meet the threshold of 20 impairment points, the Tribunal found no need to consider whether he had a continuing inability to work. Accordingly, the decision under review, which refused the DSP claim, was affirmed.