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

This matter concerned an appeal by Mr Cameron against a decision to affirm the cancellation of his Disability Support Pension (DSP). The central dispute revolved around whether Mr Cameron met the legislative requirements for a DSP, specifically whether he had a certain level of impairment as defined by the Social Security Act 1991 (Cth). The decision was made by a delegate of the Secretary of the Department of Social Services.

The primary legal issues before the court were whether Mr Cameron's impairments were permanent and likely to persist for at least two years, and whether these impairments attracted an impairment rating of 20 or more points under the relevant Impairment Tables. The court was required to assess the evidence regarding the diagnosis, treatment, and stabilisation of Mr Cameron's various medical conditions, including polyarticular degeneration of his knees and hips, paranoid psychosis, schizophrenia, delusional disorder, multi-drug use, sleep apnoea, and a wrist fracture.

The court found that while Mr Cameron suffered from certain impairments, the critical issue was the lack of corroborating medical evidence to establish their permanence and the extent of their functional impact. Specifically, regarding his wrist fracture, despite reports of pain and potential future surgery, there was insufficient evidence to determine the recommended treatment or its likely effect on his function. Similarly, for sleep apnoea, no supporting medical evidence was presented. Consequently, these conditions could not be considered for the purpose of the DSP application. The court concluded that, based on the available evidence, Mr Cameron's impairments were not proven to be permanent for the purposes of the Act, and therefore, no impairment rating could be assigned.