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

This matter concerned an appeal by Ms Hurst against the rejection of her claim for a disability support pension by the Secretary of the Department of Social Services. The Administrative Appeals Tribunal was tasked with determining whether Ms Hurst's impairments met the criteria for the pension, specifically whether her conditions were fully diagnosed, treated, and stabilised, and whether she suffered a severe impairment leading to a continuing inability to work.

The central legal issues before the Tribunal were whether Ms Hurst's various medical conditions, including chronic low back pain, sciatica, arthritis, and a heel spur, resulted in a functional impairment that would attract 20 points or more under the Impairment Tables, and consequently, whether she had a continuing inability to work. The Secretary contended that Ms Hurst's conditions were not fully treated and stabilised, suggesting that psychosocial factors might be contributing to her pain and that further treatment options were available.

The Tribunal considered extensive evidence regarding Ms Hurst's medical history, treatment, and daily functioning. It noted that Ms Hurst had undergone approximately ten years of continuous medical and allied health treatment following a work-related injury. The Tribunal distinguished the present case from previous decisions relied upon by the Secretary, finding that Ms Hurst had actively engaged with available treatments, including consulting a pain management specialist, and had complied with treatment options. Despite attempts to access further specialist care, these had not been successful through no fault of her own. The Tribunal concluded that Ms Hurst had a continuing inability to work.

Consequently, the Tribunal set aside the decision under review and substituted a new decision, finding that Ms Hurst qualified for the disability support pension from 16 October 2017.