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

This matter concerned an application for a Disability Support Pension (DSP) by the applicant, Mr Wenzler, against the Secretary of the Department of Social Services. The central dispute was whether the applicant qualified for the DSP at the date of his claim, 3 May 2016, or within the subsequent 13 weeks. The applicant claimed to suffer from a cervical spinal condition, a lumbar spine condition, anxiety, and migraines.

The Tribunal was required to determine several key issues. Firstly, whether the applicant's medical impairments were fully diagnosed, treated, and stabilised during the relevant period. Secondly, whether these impairments, individually or in combination, resulted in a functional impairment attracting an Impairment Rating of 20 points or more under the relevant Impairment Tables. If a severe impairment of 20 points or more under a single table was not met, the Tribunal also needed to consider if the applicant had completed a Program of Support. Finally, the Tribunal had to assess whether the applicant had a continuing inability to work.

The Tribunal considered the applicant's cervical spine condition, noting that while it was diagnosed, there was insufficient evidence to conclude it was fully treated or stabilised within the relevant period. Reports from an orthopaedic surgeon and a physiotherapist, largely dated outside the relevant period, indicated the chronic nature of the condition and its limited amenability to significant improvement through further treatment. Based on the evidence presented, the Tribunal found that the applicant's impairments did not attract a total of 20 or more Impairment Points under the Impairment Tables.

Consequently, as the applicant failed to meet the requirement of section 94(1)(b) of the Social Security Act 1991, the Tribunal concluded that it was unnecessary to consider the issue of a continuing inability to work. The decision under review, which affirmed the refusal of the DSP, was therefore affirmed.