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

This matter concerned an application for a disability support pension, brought by the applicant against the Secretary of the Department of Social Services. The core dispute revolved around whether the applicant's medical conditions met the criteria for the pension, specifically concerning the degree of impairment and its impact on his ability to work. The decision was made by P E Nolan SM.

The primary legal issue before the court was whether the applicant had impairments that were fully diagnosed, treated, and stabilised during the relevant period, and whether these impairments attracted 20 or more impairment points under the relevant Impairment Tables. This was a necessary condition for satisfying the criteria for a disability support pension under section 94(2) of the Act.

The court considered the applicant's lower limb condition, which was accepted as being fully diagnosed, treated, and stabilised. However, the evidence did not support a finding that this condition alone attracted the required 20 impairment points. While the applicant experienced limited mobility and moderate difficulty walking, his GP management plan indicated a goal of walking for 30 minutes five or more days a week, suggesting he was not unable to walk far outside his home. Furthermore, although there was some indication of difficulty with standing and negotiating steps, the evidence did not conclusively demonstrate an inability to use stairs without assistance or to stand for no more than five minutes.

Given that the applicant's conditions did not attract an impairment rating of 20 points or more during the relevant period, the court found it unnecessary to consider the remaining criteria for the disability support pension. Consequently, the decision under review was affirmed.