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

This matter concerned an appeal by Mrs Gordon against a decision of the Secretary, Department of Social Services, regarding her claim for a disability support pension. Mrs Gordon has a complex medical history, including spinal injuries, chronic pain syndrome, and a psychiatric disorder, stemming from a work-related injury in 2003 and a motor vehicle accident in 2007, with further complications arising from a post-injection infection in 2015. The Administrative Appeals Tribunal (AAT) was tasked with reviewing the Secretary's decision, having previously considered the matter and remitted it for further review due to a misinterpretation of Table 4 of the Impairment Tables.

The primary legal issue before the Tribunal was to determine Mrs Gordon's eligibility for a disability support pension by assessing whether she had a severe impairment that prevented her from undertaking any substantial gainful activity. This required the Tribunal to consider the impairment ratings assigned to her various medical conditions, particularly in relation to Table 4 of the Impairment Tables, which deals with spinal disorders, and to assess whether these impairments met the threshold for a severe condition. The Tribunal also had to consider whether any psychiatric disorders were diagnosed, treated, and stabilised as required by legislation, and whether impairments not assigned a specific rating could be considered.

The Tribunal's reasoning focused on Mrs Gordon's evidence regarding her functional capacity at the time of her claim lodgement in January 2015. While a previous AAT decision had assigned a 10-point rating under Table 4, this Tribunal, based on Mrs Gordon's affirmed evidence, assigned a total impairment rating of 15 points, comprising 5 points under Table 2 (upper limb) and 10 points under Table 4 (spinal disorders). The Tribunal found that her diabetes was well-controlled and did not attract an impairment rating. Furthermore, due to the lack of a confirmed diagnosis by a clinical psychologist or psychiatrist, no impairment rating was assigned for any potential mental disorder. The assessment of her acute brain injury was also limited, and therefore, no rating was assigned for this condition.

The Tribunal concluded that the total impairment rating of 15 points did not meet the threshold for a severe impairment required for a disability support pension. Consequently, the Tribunal affirmed the decision of the Secretary.