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

This matter concerned an appeal by Mrs Gordon against a decision by the Secretary of the Department of Social Services regarding her eligibility for Disability Support Pension (DSP). The core dispute revolved around whether Mrs Gordon met the criteria for a DSP qualification during a specified period, specifically concerning the severity of her impairments and her continuing inability to work. The case was heard by Mr Conrad Ermert, a Member of the Tribunal.

The legal issues before the Tribunal were threefold: firstly, whether Mrs Gordon suffered from any physical, intellectual, or psychiatric impairments during the relevant qualification period; secondly, if such impairments existed, whether they attracted a rating of 20 points or more under the Impairment Tables; and thirdly, if the impairments met the threshold, whether Mrs Gordon had a continuing inability to work.

The Tribunal found that Mrs Gordon did have impairments during the qualification period, a concession supported by medical evidence. It was also conceded, and supported by evidence, that these impairments attracted a total rating of 20 points or more under the Impairment Tables. However, the critical issue was whether Mrs Gordon had a continuing inability to work. The Tribunal noted that for impairments not considered "severe" under the Act, active participation in a program of support is required. The Tribunal examined Mrs Gordon's lower back pain under Table 4 of the Impairment Tables, which outlines descriptors for severe functional impact. While medical reports indicated significant pain and functional impairment, the Tribunal concluded that Mrs Gordon did not satisfy the specific criteria for a severe impairment under a single table, nor did she demonstrate active participation in a program of support as required by the Act. Consequently, the Tribunal found that Mrs Gordon did not meet all the requirements for DSP qualification.