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

This matter concerned an appeal by an applicant against a decision of the Secretary, Department of Social Services, affirming a decision that the applicant did not qualify for a Disability Support Pension (DSP). The appeal was heard by P E Nolan SM.

The primary legal issue before the court was whether the applicant had an impairment that was permanent and attracted 20 or more impairment points under the relevant Impairment Tables, as required by section 94(2) of the Social Security Act 1991 (Cth). This involved determining if the applicant's conditions were fully diagnosed, treated, and stabilised during the relevant period, and then assessing the points attributable to those conditions.

The court considered several conditions presented by the applicant: a right eye haemorrhage, a below right knee amputation, and a left foot infection. The court found insufficient evidence to conclude that the right eye haemorrhage was fully diagnosed, treated, or stabilised, and therefore could not assign an impairment rating to it. The court accepted that the below right knee amputation was fully diagnosed, treated, and stabilised, and that this impairment attracted 5 points under Table 3 – Lower Limb Function. The court noted that due to the applicant only being assigned 10 points in total under Table 3, it was not necessary to consider the left foot infection or whether the applicant had a continuing inability to work.

Consequently, the applicant did not meet the threshold of 20 impairment points. The decision under review was affirmed, and the applicant was found not to qualify for the DSP.