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

This matter concerned an appeal by Mr Bensemann against a decision of the Secretary of the Department of Social Services regarding his eligibility for a disability support pension. The central dispute revolved around whether Mr Bensemann's medical conditions met the criteria for the pension, specifically concerning the degree of functional impairment and the stability of his conditions. The case was heard by D K Grigg M.

The legal issues before the court were whether Mr Bensemann's medical conditions were fully diagnosed, fully treated, and fully stabilised, and whether these conditions resulted in an impairment rating of 20 points or more under the relevant impairment tables. The court was also required to consider whether Mr Bensemann had a continuing inability to work.

The court's reasoning focused on the assessment of functional impairment as defined by the Impairment Tables, which are designed to measure the functional impact of conditions rather than the conditions themselves. For an impairment rating to be assigned, a condition must be permanent, meaning it has been fully diagnosed, fully treated, and fully stabilised, and is likely to persist for more than two years. The court considered various medical reports and Mr Bensemann's own accounts of his functional capacity, noting discrepancies and improvements in his reported abilities over time. The court also outlined the criteria for a condition to be considered fully stabilised, which involves assessing whether reasonable treatment has been undertaken and if further treatment is unlikely to yield significant functional improvement enabling work.