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

This matter concerned an appeal by Mr Cox against the Secretary of the Department of Social Services' decision to cancel his Disability Support Pension (DSP). Mr Cox had been granted the DSP in 1990 for a spinal fusion. A review of his eligibility was initiated in April 2016, following which the DSP was cancelled on the basis that his impairments did not meet the threshold of 20 impairment points under the Impairment Tables. The court was required to determine whether Mr Cox's various physical impairments attracted 20 or more points under the relevant Impairment Tables at the time his DSP was cancelled.

The court considered Mr Cox's spinal conditions, including lumbar spondylosis, lumbar fusion, mild cervical spondylosis, and a thoracic compression fracture. It was not disputed that these conditions were fully diagnosed, treated, and stabilised. The Secretary conceded, and the court accepted, that Mr Cox's spinal conditions attracted 10 impairment points under Table 4 (Spinal Function) of the Impairment Tables, based on a moderate functional impact. Mr Cox also contended for higher impairment points for his lower and upper limbs, but the court found that the evidence did not support these claims. The court also addressed Mr Cox's complaints regarding the Job Capacity Assessor's reports and the Department's decision-making process, finding that these did not alter the assessment of his impairment points.

Ultimately, the court found that Mr Cox's spinal conditions attracted 10 impairment points. While Mr Cox had other conditions, including a hip replacement and a shoulder condition, the evidence presented did not demonstrate that these, in combination with his spinal impairments, reached the threshold of 20 points required for DSP eligibility. The court therefore affirmed the decision to cancel Mr Cox's DSP.