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

This matter concerned an appeal by Mr De Bellis against a decision of the Secretary of the Department of Social Services affirming a previous decision regarding his eligibility for a Disability Support Pension. The central dispute revolved around whether Mr De Bellis' impairments attracted an impairment rating of 20 or more points under the relevant impairment tables, as required by section 94(1)(b) of the Social Security Act 1991 (Cth). The case was heard by D K Grigg M.

The legal issues before the court were to determine the relevant impairment table to be considered for Mr De Bellis' conditions and to assess what, if any, impairment rating should be assigned to those conditions. Specifically, the court had to consider whether Mr De Bellis' diagnosed conditions were "permanent" for the purposes of the Impairment Tables, which requires the condition to be fully diagnosed, fully treated, fully stabilised, and more likely than not to persist for more than two years. The court also had to consider whether there was sufficient corroborating evidence of the functional impact of his impairments, as self-report of symptoms alone was insufficient.

The court reasoned that Table 1 of the Determination, concerning Functions requiring Physical Exertion and Stamina, was the appropriate table to assess Mr De Bellis' ischaemic heart disease. The court noted that for an impairment rating to be assigned, the condition must be permanent and its functional impairment more likely than not to persist for over two years, supported by corroborating evidence beyond self-reporting. While acknowledging several diagnosed impairments, including ischaemic heart disease, osteoarthritis, and vision loss, the court found that the evidence did not establish that these conditions, individually or collectively, attracted an impairment rating of 20 or more points under the relevant table. The court concluded that the evidence did not demonstrate the necessary level of functional impact to meet the threshold for the pension.