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

This matter concerned an appeal by Mr Collins against a decision of the Secretary of the Department of Social Services affirming a decision to refuse him a disability support pension. The core of the dispute revolved around whether Mr Collins' impairments were permanent and whether they attracted an impairment rating of 20 points or more under the relevant impairment tables, as required by the Social Security Act 1991 (Cth). The case was heard by D K Grigg M.

The legal issues before the court were whether Mr Collins' diagnosed conditions constituted "impairments" for the purposes of the Act, and critically, whether these impairments were permanent and attracted an impairment rating of 20 or more points. This required an assessment of the functional impact of his conditions, supported by corroborating evidence, and whether the conditions were likely to persist for more than two years.

The court considered the evidence presented, including medical reports and Mr Collins' own statements, regarding his physical limitations. It noted that for an impairment rating to be assigned, the condition must be permanent, meaning it has been fully diagnosed, treated, stabilised, and is likely to persist for more than two years. The court found that while Mr Collins suffered from several conditions, including diabetes, Charcot neuropathy, and osteoarthritis, the evidence regarding the functional impact and permanence of some of these conditions was insufficient. Specifically, for conditions like osteoarthritis, there was limited evidence of treatment during the qualification period. For other conditions, such as hypertension and hypercholesterolaemia, there was no medical evidence demonstrating an impact on his ability to function. The court emphasised that self-reporting of symptoms alone was insufficient, and corroborating evidence of functional impairment was essential.

Ultimately, the court affirmed the decision under review, finding that Mr Collins' impairments did not attract the required 20-point impairment rating.