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

This matter concerned an appeal by Mrs Crompton against a decision by the Secretary of the Department of Social Services regarding her eligibility for a disability support pension. The dispute centred on whether Mrs Crompton's diagnosed medical conditions, specifically a spinal injury and an elbow injury, met the criteria for the pension, particularly concerning their diagnosis, treatment, and stabilisation, and their severity as measured by the Impairment Tables. The case was heard by Mark Hyman M.

The primary legal issues before the court were whether Mrs Crompton's spinal and elbow conditions were fully diagnosed, fully treated, and fully stabilised, and if so, whether they collectively attracted a rating of 20 points or more under the relevant Impairment Tables. This assessment was crucial for determining if she met the requirements for a disability support pension under the Social Security Act 1991.

The court found that Mrs Crompton's spinal condition was fully diagnosed, treated, and stabilised, with ongoing management through analgesia, physiotherapy, and home exercises. However, the medical evidence regarding her elbow condition was considered insufficient to establish its permanence or severity, with treatment limited to analgesia already being taken for her spinal condition. Consequently, the court could not assign a rating to the elbow condition under the Impairment Tables. The severity of the spinal condition was assessed under Table 4, which outlines points awarded for various functional limitations related to spinal movement and posture.