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

The applicant, Gorgees, sought review of a decision by the Secretary of the Department of Social Services concerning eligibility for a disability support pension. The dispute centred on whether the applicant's various medical conditions met the criteria for the pension under section 94(1) of the relevant legislation. The matter was heard by Deputy I Hanger QC P.

The primary legal issue before the court was whether the applicant's combined medical conditions, including migraines, lumbar spine, cervical spine and neck, left shoulder, hearing, and abdominal conditions, resulted in a level of impairment that satisfied the requirements of section 94(1)(b) of the Social Security Act 1991 (Cth) during the relevant qualification period. This required determining if the conditions were fully treated and stabilised and if they attracted a sufficient impairment rating.

Deputy I Hanger QC P reasoned that despite accepting the applicant suffered from migraines, the respondent's contention that these conditions were not fully treated and stabilised, and would not attract an impairment rating, was accepted due to a lack of sufficient medical evidence. The court emphasised the legislative and judicial insistence on strict compliance with the complex provisions governing access to the disability support pension. Ultimately, the court found that the functional impact of the applicant's conditions did not result in an impairment rating within the qualification period, meaning section 94(1)(b) was not satisfied. The Tribunal affirmed the decision under review.