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

This matter concerned an application for a Disability Support Pension (DSP) by Mrs Gordon against the Secretary, Department of Social Services. The central dispute revolved around whether Mrs Gordon's various medical conditions qualified her for the DSP, specifically whether her impairments attracted a rating of 20 points or more under the relevant Impairment Tables and whether she had a continuing inability to work. The decision was made by Ms Anna Burke AO, Member, of the Tribunal.

The legal issues before the Tribunal were whether Mrs Gordon suffered from a physical, intellectual, or psychiatric impairment; whether these conditions were fully diagnosed, treated, and stabilised and likely to persist for at least two years; whether the diagnosed conditions attracted a combined rating of 20 points or more under the Impairment Tables; and whether she had a continuing inability to work. The Tribunal also considered whether Mrs Gordon had undertaken a program of support as required.

The Tribunal found that Mrs Gordon did suffer from impairments, including spinal, shoulder, knee, mental health, and other conditions, satisfying the initial requirement for a DSP. Crucially, the Tribunal determined that Mrs Gordon's combined impairments attracted 30 points under the Impairment Tables, exceeding the 20-point threshold. This was based on her spinal condition (10 points), shoulder injury (5 points), right knee/leg condition (5 points), and depression (10 points). The Tribunal was satisfied that she also met the requirement of a continuing inability to work. Consequently, the Tribunal set aside the previous decision and substituted a new determination that Mrs Gordon qualified for the DSP as at the date of her claim.