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

This matter concerned an appeal by Blackford against a decision by the Secretary, Department of Social Services, regarding eligibility for a Disability Support Pension. The core dispute revolved around whether the applicant's various medical conditions, specifically a spinal condition, a mental health condition, and a right wrist condition, met the criteria for the pension, particularly concerning the requirement of a 20-point impairment rating under the relevant Impairment Tables. The decision was made by P E Nolan SM.

The legal issues before the court were whether the applicant's impairments were fully diagnosed, treated, and stabilised during the relevant period, and whether these impairments attracted a minimum of 20 impairment points as required by section 94(2) of the Social Security Act 1991. The court was specifically required to consider the applicant's spinal condition in light of the respondent's contention that it was not fully treated or stabilised.

The court found that while the respondent accepted the applicant had impairments for the purposes of the Act, it contended these did not attract the requisite 20 points. The court was satisfied, based on the medical evidence, that the applicant's spinal condition was not fully treated and stabilised during the relevant period. Medical reports indicated variable and unremitting symptoms, limited future treatment options, and the applicant's own expressed disinterest in further specialist treatment. Consequently, the spinal condition could not be assigned an impairment rating under the Impairment Tables.

As the applicant's conditions did not attract an impairment rating of 20 points or more during the relevant period, the court concluded it was unnecessary to consider the remaining criteria for DSP eligibility. Accordingly, the decision under review was affirmed.