Wittig-Goss and Secretary, Department of Social Services (Social services second review)

This matter concerned an appeal by Mr Wittig-Goss against a decision by the Secretary, Department of Social Services, affirming a determination that he did not qualify for a Disability Support Pension (DSP). The core of the dispute revolved around whether Mr Wittig-Goss met the criteria for receiving a DSP, specifically concerning the severity and nature of his impairments.

The Administrative Appeals Tribunal was required to determine whether Mr Wittig-Goss had a physical, intellectual, or psychiatric impairment, and if so, whether this impairment was fully diagnosed, treated, and stabilised, and likely to continue for at least two years. Crucially, the Tribunal had to assess whether his conditions attracted 20 points or more under the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011, and whether he had a continuing inability to work.

The Tribunal found that Mr Wittig-Goss did suffer from impairments, including spinal and mental health conditions. However, it determined that his spinal condition did not meet the threshold for a moderate functional impact under Table 4 of the Impairment Tables, as the evidence did not establish the necessary functional limitations. While acknowledging the applicant's difficult circumstances and encouraging him to reapply, particularly given a subsequent psychiatric diagnosis, the Tribunal affirmed the original decision.