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

This matter concerned an appeal by Mr Campbell against a decision of the Social Security Appeals Tribunal (SSAT) affirming the Secretary's decision to refuse his claim for a Disability Support Pension. The dispute centred on whether Mr Campbell's multiple disabilities met the criteria for the pension, specifically whether his conditions were fully treated and stabilised and whether he had a sufficient level of impairment. The decision was made by Judicial Registrar Toohey SM of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine whether Mr Campbell's medical conditions, during the relevant claim period, resulted in an impairment rating of 20 points or more on the Impairment Tables. This rating is a prerequisite for eligibility for a Disability Support Pension. A secondary issue, which became unnecessary to decide, was whether Mr Campbell had a continuing inability to work.

The Judicial Registrar found that, based on the information before the Tribunal, Mr Campbell's conditions were rated at 10 points on the Impairment Tables. As this did not reach the required threshold of 20 points, his claim could not succeed. The Judicial Registrar acknowledged that Mr Campbell had serious disabilities but noted that the failure of this claim did not preclude him from making future claims. Consequently, the decision under review was affirmed.