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

This matter concerned an appeal by Mr Death against a decision by the Secretary of the Department of Social Services regarding his eligibility for a Disability Support Pension (DSP). The dispute centred on whether Mr Death's 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 primary legal issue before the court was to determine whether Mr Death's diagnosed conditions, specifically Chronic Obstructive Pulmonary Disease (COPD) and alcohol dependency, resulted in functional impairments that met the threshold of 20 or more points under the Impairment Tables. This required assessing whether these conditions were permanent, meaning they were fully diagnosed, fully treated, fully stabilised, and likely to persist for more than two years.

The court considered extensive medical evidence detailing Mr Death's breathing difficulties and limited physical endurance, including reports from multiple medical practitioners and an Employment Services Assessment Report. The court noted that while Mr Death suffered from haemochromatosis, there was insufficient evidence to establish that this condition impacted his functional capacity during the relevant period. The court applied the criteria for assessing permanent conditions as outlined in the Determination, focusing on the functional impact of the impairments rather than the conditions themselves. The court concluded that the evidence established that Mr Death suffered impairments for the purposes of section 94(1)(a) of the Act.

The court found that the evidence, particularly the reports indicating Mr Death's significant shortness of breath and inability to walk more than 50-100 metres, demonstrated a substantial functional impact. The court set aside the previous decision under review.