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

This matter concerned an appeal by Miss Harrison against a decision of the Secretary of the Department of Social Services. The dispute centred on whether Miss Harrison's various medical conditions qualified her for a disability support pension. The case was heard by Mr Conrad Ermert, a Member of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether Miss Harrison suffered from impairments that met the criteria under section 94(1)(a) of the relevant Act, and if so, whether these impairments attracted an impairment rating of 20 or more points, as required by section 94(1)(b). Specifically, the Tribunal had to consider if the impairments were permanent, meaning they had been fully diagnosed, fully treated, and fully stabilised, and were more likely than not to persist for more than two years.

The Tribunal affirmed the Respondent's acceptance that Miss Harrison suffered from chronic severe eczema, depression, impaired renal function, morbid obesity, and hypertension, satisfying section 94(1)(a). However, the Tribunal was not satisfied that the impairments met the threshold for an impairment rating under section 94(1)(b). While acknowledging Miss Harrison's evidence of ongoing symptoms and treatment changes, the Tribunal found that the medical evidence, including reports from a Job Capacity Assessor and Dr Al Mayahe, indicated that her chronic severe eczema was considered fully diagnosed, treated, and stabilised at the relevant date, with no significant functional improvement anticipated from further treatment within the next two years.

The Tribunal affirmed the decision under review. It noted that Miss Harrison's conditions may have deteriorated since the relevant date and suggested she might wish to lodge a new application for a disability support pension to have her current condition and treatments considered.