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

This matter concerned an appeal by Mr Carmody against a decision of the Secretary of the Department of Social Services regarding his claim for a Disability Support Pension (DSP). The claim was assessed under the Social Security (Assessment of Work-related Impairment for Disability Support Pension) Determination 2011, which came into force on 1 January 2012. The primary issue was whether Mr Carmody's medical condition resulted in a sufficient level of impairment, as defined by the Impairment Tables, to qualify him for the DSP.

The court was required to determine whether Mr Carmody met the criteria for a "severe" functional impact resulting from a neurological or cognitive condition, as outlined in the Determination. Specifically, the court had to assess whether he required frequent assistance and supervision, and whether he had severe difficulties in areas such as memory, attention and concentration, problem-solving, planning, decision-making, and behavioural regulation. The assessment was to be made based on the medical and oral evidence presented.

The court found that Mr Carmody did not meet the criteria for a severe functional impact. While acknowledging his past severe closed head injury, the court found that he was able to drive, undertake independent personal care, and recall recent events, albeit with some minor forgetfulness. Evidence indicated he could concentrate for periods longer than 10 minutes and employed strategies to manage distractions. His ability to plan and organise routine daily activities, such as grocery shopping, was also found to be sufficient, even if he required written lists. Similarly, while he experienced some difficulties with financial management, there was no evidence of poor judgement or a need for regular assistance with routine problems. The court concluded that the descriptors for severe functional impairment were not met.