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

This matter concerned an appeal by Mr Drew against the Secretary of the Department of Social Services regarding the cancellation of his disability support pension. The central dispute revolved around whether Mr Drew's physical and psychological impairments met the qualification criteria under section 94 of the *Social Security Act 1991* (Cth), specifically whether his impairments rated 20 points or more under the relevant Impairment Tables. The decision was made by Mr S Evans, a Member of the Tribunal.

The legal issues before the Tribunal were to determine the extent of Mr Drew's impairments, particularly his spinal condition, and to assess whether these impairments were fully diagnosed, treated, and stabilised as required by the Impairment Tables. The Tribunal had to consider conflicting medical evidence regarding the diagnosis, treatment, and stabilisation of Mr Drew's sciatica and lumbar spine condition, and whether these conditions, individually or collectively, attracted the necessary points to qualify for a disability support pension.

The Tribunal considered reports from various medical professionals, including Dr Heise and Dr Merhulik, and an HCAU report. While acknowledging that Mr Drew's sciatica was diagnosed, the Tribunal found insufficient evidence that it was fully treated or stabilised, or that it caused a significant impairment. The Tribunal noted that Mr Drew had chosen not to act on a recommendation for further specialist treatment, despite his claims of deterioration. Furthermore, Dr Merhulik's report indicated only mild functional impact on mobility. The Tribunal reconciled conflicting statements from Dr Heise regarding the condition being treated and stabilised with his recommendation for further referral, ultimately finding that the condition did not meet the criteria for full treatment and stabilisation.

The Tribunal concluded that Mr Drew's impairments, when assessed against the Impairment Tables, rated a total of 10 points at the time of the cancellation of his disability support pension. Consequently, the decision to cancel the pension was affirmed. The Tribunal acknowledged Mr Drew's long-term receipt of the pension and his likely disappointment, noting that he could reapply for the pension at any time.