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

This matter concerned an appeal by the applicant against a decision of the Secretary of the Department of Social Services regarding his eligibility for a disability support pension. The appeal was heard by A Poljak SM.

The primary legal issue before the Court was whether the applicant's physical, intellectual, or psychiatric impairments attracted a total impairment rating of 20 or more points under the relevant Impairment Tables, and whether these conditions were fully diagnosed, treated, and stabilised during the relevant period.

The Court found that while the applicant's hearing aids were intended to assist with functional impact rather than improve his underlying condition, he was in the process of being fitted for new hearing aid modules. Consequently, the Court was not satisfied that his hearing impairment was fully treated and stabilised during the relevant period. As the applicant's conditions warranted a total impairment rating of 15 points, which is less than the required 20 points, his claim for a disability support pension could not succeed. The decision under review was affirmed, with the applicant advised that he could reapply for the pension at any time.