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

This matter concerned an application for a disability support pension (DSP) by the Applicant, Elisha, against a decision of the Secretary, Department of Social Services. The Tribunal was required to determine whether the Applicant qualified for the DSP based on their medical conditions during a specified qualification period.

The legal issues before the Tribunal were whether the Applicant's impairments were fully diagnosed, fully treated, and fully stabilised, and whether these impairments resulted in a level of impairment of 20 points or more under the Impairment Tables, as required by section 94(1) of the Social Security Act 1991 (Cth). The Tribunal noted that only conditions existing during the qualification period were relevant, although later evidence could be considered if it referred back to that period.

The Tribunal considered the Applicant's upper limb conditions, specifically fractures to both wrists and a finger sustained in a motor vehicle accident. Despite initial plans for surgery, the Applicant's injuries were managed conservatively due to various factors, including cancelled operations and the Applicant's non-attendance. Medical reports indicated ongoing issues, including post-traumatic osteoarthritis and the potential need for future surgical interventions. The Tribunal found that the Applicant suffered impairments during the qualification period, which was accepted by the Respondent. However, the decision focused on the specific requirements of section 94(1)(b) of the Act, which was not satisfied.

Consequently, the Tribunal affirmed the decision under review, finding that the Applicant did not meet the criteria for the disability support pension.