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

This matter concerned an application by Mr Gilbertson for a disability support pension, which was rejected by the Secretary of the Department of Social Services. The core of the dispute revolved around whether Mr Gilbertson's various physical and potential mental health conditions met the criteria for the pension, specifically concerning the diagnosis, treatment, and stabilisation of his impairments, and whether these impairments attracted a sufficient level of disability as measured by the Impairment Tables.

The court was required to determine two primary legal issues. Firstly, whether Mr Gilbertson's medical conditions, including osteoarthritis in his knee and shoulder issues, were fully diagnosed, treated, and stabilised during the relevant qualification period for the pension. Secondly, the court had to assess whether these conditions, if deemed stabilised, attracted an impairment rating of at least 20 points as required by the relevant legislation.

The court found that Mr Gilbertson's impairments were not fully diagnosed, treated, and stabilised. This conclusion meant that he did not satisfy the requirements of section 94(1)(b) of the Social Security Act 1991 (Cth), which mandates that a person must have a physical, mental or psychiatric impairment that is fully diagnosed, treated and stabilised. Consequently, Mr Gilbertson did not meet the necessary criteria for the grant of a disability support pension. The decision under review was affirmed.