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

This matter concerned an appeal by Mr Wellington against a decision by the Secretary of the Department of Social Services regarding his eligibility for a disability support pension. The central dispute revolved around whether Mr Wellington's impairments, specifically a spinal impairment and right hip/right knee impairment, attracted an impairment rating of 20 or more points under the relevant Impairment Tables during the qualification period. The Tribunal was required to determine if Mr Wellington's conditions were permanent and if the resulting impairments were likely to persist for more than two years, as required by the Social Security (Impairment Assessment) Determination 2017.

The Tribunal's reasoning focused on the assessment of functional impairment under Table 4 of the Impairment Tables. While Dr Simpson's September 2017 report indicated a 10-point rating for spinal impairment, the Tribunal found this report was made nearly 12 months after the qualification period and did not specify functional ability during that period. Furthermore, earlier reports from Dr Simpson and a JCA report did not specifically address spinal impairment in isolation or provide corroborating medical evidence of the level of functional impairment from the spinal condition alone during the qualification period. The Tribunal noted that the introduction to Table 4 specifically states that self-report of symptoms alone is insufficient.

Ultimately, the Tribunal affirmed the decision under review. It found that while Mr Wellington suffered from spinal and lower limb impairments during the qualification period, there was insufficient corroborating medical evidence to establish that these impairments, particularly the spinal impairment, attracted the required 20-point rating. New diagnoses made after the qualification period, such as Type 2 Diabetes and Paroxysmal Atrial Fibrillation, could not be considered. The Tribunal also found insufficient evidence regarding the permanence and functional impact of obesity during the qualification period.