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

This case concerned an appeal by an applicant regarding the cancellation of his Disability Support Pension (DSP). The applicant had initially injured his right hand and forearm in 2009, leading to his first DSP grant in 2010. Following a further workplace accident in 2013, which resulted in an electric shock and a diagnosis of post-traumatic stress disorder (PTSD), his DSP qualification was reviewed. A decision was made to cancel his DSP on the basis that he was assessed as not having an impairment rating of 20 points or more under the relevant Impairment Tables. The matter came before the Tribunal for a de novo review of this decision.

The primary legal issue before the Tribunal was whether the applicant's medical conditions, specifically his right upper limb injury and PTSD, attracted 20 or more impairment points under the Impairment Tables during the relevant period, as required by section 94(1)(b) of the Social Security Act 1991 (Cth). This required the Tribunal to determine if these conditions were fully diagnosed, fully treated, and fully stabilised to be considered permanent impairments for the purposes of the Impairment Tables.

The Tribunal conducted a de novo review, considering all available evidence, which was significantly more extensive than that before the original decision-maker. It found that while the applicant's spinal and schizophrenia conditions could not be considered permanent, his PTSD was fully diagnosed but not fully treated and stabilised during the relevant period. His upper limb condition was found to be fully diagnosed, treated, and stabilised, but it attracted zero impairment points under Table 2 of the Impairment Tables. Consequently, the Tribunal concluded that the applicant's impairments did not attract a total of 20 or more points under the Impairment Tables.

Accordingly, the Tribunal affirmed the decision under review, finding that the applicant did not meet the criteria for a DSP based on the impairment point assessment.