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

This matter concerned an appeal by Mr Campbell against a decision of the Secretary of the Department of Social Services affirming a decision that he was not eligible for a disability support pension. The appeal was heard by A Poljak SM.

The primary legal issues before the court were whether Mr Campbell's physical, intellectual, or psychiatric impairments rated 20 points or more under the Impairment Tables, and whether these conditions were fully diagnosed, treated, and stabilised during the relevant period. Specifically, the court had to consider Mr Campbell's conditions of depression and anxiety, bilateral shoulder pain, osteoarthritis, back pain, and ischaemic heart disease.

The court found that while Mr Campbell's mental health condition of depression and anxiety was fully diagnosed, it was not fully treated and stabilised during the relevant period, as his symptoms increased and required further treatment. Consequently, this condition could not be assigned an impairment rating. Regarding his bilateral shoulder pain, although accepted as fully diagnosed, treated, and stabilised, there was no evidence of functional impact on his daily activities. Without a rating of 20 or more points under the Impairment Tables, it was unnecessary to consider Mr Campbell's continuing inability to work.

The court affirmed the decision under review, concluding that Mr Campbell's claim for a disability support pension could not succeed. Mr Campbell was advised that he may apply for a disability support pension again at any time.