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

This matter concerned an appeal by Ms Collins against a decision by the Secretary of the Department of Social Services to affirm the cancellation of her Disability Support Pension. The central dispute revolved around whether Ms Collins met the criteria for a Disability Support Pension, specifically whether her impairments attracted an impairment rating of 20 or more points under the relevant Impairment Tables. The case was heard by D K Grigg M.

The court was required to determine whether Ms Collins' impairments, particularly those affecting her upper limbs, were permanent and whether they resulted in a functional impact that would qualify her for a Disability Support Pension. This involved assessing whether her conditions were fully diagnosed, treated, and stabilised, and likely to persist for more than two years, as required by the relevant legislative provisions and the Impairment Tables. The court also considered the relevance of other diagnosed conditions, such as asthma and right shoulder pain, in relation to the qualification date for the pension.

The court reasoned that an impairment rating could only be assigned if the underlying condition was permanent, meaning it had been fully diagnosed, treated, and stabilised, and was likely to persist for over two years. Applying this to the evidence, the court found that while Ms Collins suffered from upper limb impairments, the available evidence, including a Job Capacity Assessment and a functional capacity evaluation, did not demonstrate a level of functional impact that would attract the required 20 points. The court noted that Ms Collins was able to perform various daily tasks, albeit with modifications, and had sustained employment. Furthermore, conditions diagnosed after the qualification date, or those for which ongoing investigations were occurring without evidence of functional impact at the relevant time, were not considered. The court concluded that the evidence did not establish that Ms Collins' impairments met the threshold for a Disability Support Pension.