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

This matter concerned an appeal by Ms Bradley against a decision of the Social Security Appeals Tribunal (SSAT) regarding her eligibility for a disability support pension. The core of the dispute revolved around whether Ms Bradley's medical conditions, specifically residual pain and discomfort following surgery for vulva cancer, were fully diagnosed, fully treated, and fully stabilised, and whether these impairments attracted 20 or more impairment points under the relevant Impairment Tables. The decision was made by N A Manetta SM in the Administrative Appeals Tribunal.

The legal issues before the Tribunal were whether the residual pain and irritation stemming from Ms Bradley's surgical treatment for vulva cancer had been fully diagnosed, treated, and stabilised. This determination was crucial for assessing whether these impairments could be considered for the purpose of awarding impairment points under the applicable tables, which in turn affected her eligibility for a disability support pension and the requirement to participate in a program of support.

The Tribunal found that while the vulva cancer itself had been appropriately diagnosed, treated, and stabilised, the residual pain and discomfort resulting from the operations had not been investigated and addressed to the requisite degree. The Tribunal accepted evidence suggesting that Ms Bradley might benefit from a referral to a pain physician and that a medication such as Lyrica, while not guaranteed to provide high relief, had not been tried or monitored in her case. Consequently, the Tribunal concluded that it could not be satisfied that there would be no significant functional improvement from further treatment, rendering the impairment ineligible for consideration under the Impairment Tables.

The Tribunal set aside the SSAT's decision and substituted a decision affirming the decision of the authorised review officer, finding that the underlying condition causing the pain and irritation had not been fully diagnosed, treated, and stabilised.