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

This matter concerned an appeal by Mrs Reha against a decision by the Secretary of the Department of Social Services regarding her eligibility for a Disability Support Pension (DSP). The core of the dispute revolved around whether Mrs Reha met the criteria for a severe impairment and a continuing inability to work, as defined by the relevant social security legislation. The decision was made by D K Grigg M.

The legal issues before the court were whether Mrs Reha suffered from a severe impairment for the purposes of the Act, and whether she had a continuing inability to work due to her impairments. Specifically, the court had to determine if her impairments were of themselves sufficient to prevent her from undertaking any work or training activity within the next two years, or if such training was unlikely to enable her to work independently.

The court considered extensive psychological evidence regarding Mrs Reha's cognitive functioning, including assessments of her adaptive skills and intellectual capacity. It was noted that Mrs Reha had been diagnosed with LKS at a young age, which affected her speech and communication and created other deficits. The psychological reports indicated that her general cognitive ability was in the borderline range, with significant difficulties in verbal comprehension and processing speed. The court found that Mrs Reha suffered from a Spinal and Hip Impairment, a Shoulder Impairment, a Sinus Impairment, and an Intellectual Function Impairment for the purposes of the Act.

Based on the evidence, the court concluded that Mrs Reha's impairments were of themselves sufficient to prevent her from doing any work independently within the next two years, and also sufficient to prevent her from undertaking a training activity during that period. Consequently, the decision under review was set aside.