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

This matter concerned an appeal by Mr Early against a decision by the Secretary of the Department of Social Services regarding his eligibility for a Disability Support Pension (DSP). The central dispute revolved around whether Mr Early's medical conditions, specifically hearing loss and balance impairment resulting from a brain tumour and subsequent surgery, met the criteria for a DSP, particularly concerning the requirement that the conditions be fully diagnosed, treated, and stabilised, and result in a severe impairment.

The court was required to determine if Mr Early's hearing and balance impairments, as they existed during the relevant Qualification Period, constituted a severe impairment for the purposes of the DSP. This involved assessing whether these conditions were fully diagnosed, fully treated, and fully stabilised, and whether they were permanent and likely to persist for at least two years. The court also needed to consider whether the impairment rating for these conditions would attract 20 or more points under the relevant legislative provisions.

The court found that Mr Early's hearing impairment was fully diagnosed, treated, and stabilised during the Qualification Period, meeting the necessary criteria. However, the court noted that the Secretary contended Mr Early's balance impairment had not been fully treated by the end of the Qualification Period. Evidence presented indicated that Mr Early had commenced vestibular therapy after the Qualification Period, which was considered a key difference in his subsequent successful DSP application. The court considered whether all reasonable treatment for the balance condition had been undertaken and if it could be considered permanent as at the Qualification Period. The court ultimately set aside the decision under review.