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

This matter concerned an application by the Secretary of the Department of Social Services to dismiss an appeal by Mr Davies concerning his entitlement to a disability support pension. The core of the dispute revolved around whether Mr Davies' impairments met the threshold required for the pension under the relevant legislation.

The court was required to determine whether Mr Davies' impairments attracted a rating of 20 points or more under the Impairment Tables, as defined by the relevant legislative instrument. This determination was crucial for establishing whether Mr Davies could demonstrate an entitlement to a disability support pension during the relevant period.

The court reasoned that for an impairment rating to be assigned, there must be corroborating evidence of functional impairment beyond self-reported symptoms. Applying this principle to the evidence presented, which included medical reports and a Job Capacity Assessment, the court found that Mr Davies' spinal condition, while diagnosed, did not demonstrate a functional impairment that met the 20-point threshold under Table 4 of the Impairment Tables. Consequently, the court concluded that Mr Davies had no reasonable prospect of establishing an entitlement to the disability support pension. The decision under review was affirmed.