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

This matter concerned an appeal by the Secretary of the Department of Social Services (the Secretary) against a decision of the Administrative Appeals Tribunal (AAT) which granted the respondent a disability support pension (DSP). The central dispute was whether the respondent met the eligibility criteria for a DSP, specifically concerning the severity of her impairments and her continuing inability to work. The Secretary contended that the respondent's impairments did not meet the threshold required by the Impairment Tables.

The legal issues before the court were whether the respondent's medical conditions, particularly her ischaemic heart disease and the impact of an implanted cardioverter-defibrillator (ICD), resulted in an impairment rating of 20 points or more under the relevant Impairment Tables. Furthermore, if the respondent was found to have a sufficiently severe impairment, the court was required to determine if she had a continuing inability to work, as stipulated by the Social Security Act 1991 (Cth).

The court reasoned that while the respondent's cardiac condition was diagnosed, treated, and stabilised, its episodic and fluctuating nature required an assessment that reflected the overall functional impact, considering the severity, duration, and frequency of episodes. The court found the respondent to be a credible witness whose oral evidence was largely consistent with the medical documentation. Despite some medical reports indicating no significant cardiac symptoms at specific times, other evidence, including the respondent's own account and a report from her electrophysiologist, indicated significant pain and limitations, particularly affecting her left arm and her capacity for physical exertion. The court applied subsection 11(4) of the Determination, which mandates consideration of the overall functional impact of episodic or fluctuating impairments.

The court found that the respondent's impairments, when assessed in accordance with the Impairment Tables and considering the fluctuating nature of her condition, warranted an impairment rating of 20 points. This rating, combined with the evidence of her continuing inability to work, meant she satisfied the eligibility criteria for a DSP. Consequently, the court set aside the reviewable decision and substituted it with a decision that the respondent was entitled to a disability support pension.