Cutts and Secretary, Department of Social Services (Social Services Second Review)

This matter concerned an appeal by Mr Cutts against a decision by the Secretary of the Department of Social Services regarding his eligibility for a disability support pension. The core of the dispute revolved around whether Mr Cutts met the criteria for permanent impairment under the relevant legislation, specifically whether he had accumulated 20 or more points under the impairment tables. The decision was heard by D K Grigg M.

The legal issues before the court were whether Mr Cutts suffered from a mental health impairment that could be assigned an Impairment Rating, and whether his back pain constituted a condition that could be considered for the purposes of the disability support pension claim. Crucially, the court had to determine if the evidence presented met the requirements for a diagnosis by an appropriately qualified medical practitioner for mental health conditions and if his spinal condition was "fully treated" and "fully stabilised" during the qualification period.

The court found that while Mr Cutts suffered from a mental health impairment, no Impairment Rating could be assigned as there was no evidence of a diagnosis by a clinical psychologist or psychiatrist, as required by Table 5 of the Determination. Furthermore, regarding his back pain, the court noted a lack of specialist review and uncertainty from an MRI scan about the nature of his condition. The court also found that Mr Cutts had not been "fully treated" for his spinal condition during the qualification period, as he was still awaiting specialist and pain clinic appointments.

Consequently, the court affirmed the decision under review. Mr Cutts was advised that he could lodge a new claim for a disability support pension once his spinal condition was fully treated and stabilised, provided he submitted corroborating evidence.