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

This matter concerned an appeal by Mr Gallo against a decision of the Secretary of the Department of Social Services affirming a determination that he did not qualify for a disability support pension. The dispute centred on whether Mr Gallo’s various medical conditions, including traumatic brain injury, post-traumatic stress disorder (PTSD), anxiety, depression, and irritable bowel syndrome (IBS), resulted in a level of impairment that met the criteria for the pension. The review was conducted by Dr Stewart Fenwick, Senior Member.

The legal issues before the Tribunal were whether Mr Gallo had permanent conditions to which an impairment rating could be assigned, the level of impairment his conditions attracted by reference to the Impairment Tables, and whether he had a continuing inability to work. The Tribunal was required to consider the evidence of Mr Gallo's medical treatment, including prescribed medications and specialist reports, and assess the permanence and impact of his diagnosed conditions.

The Tribunal found that Mr Gallo had a permanent acquired brain injury resulting in enduring cognitive, behavioural, and emotional impairments, which was fully diagnosed, treated, and stabilised. However, regarding PTSD, the Tribunal noted that while Ms Hall suggested Mr Gallo might benefit from treatment for PTSD symptoms, Dr Serry’s report indicated no psychiatric impairment arising from the accident and recommended mental health intervention including pharmacotherapy. The Tribunal also considered Mr Gallo's evidence regarding his IBS, headaches, knee injury, and limited social engagement, but ultimately concluded that his conditions did not attract the requisite level of impairment under the relevant tables to qualify him for a disability support pension.