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

This matter concerned an appeal by Mrs Hurst against a decision of the Administrative Appeals Tribunal (AAT) which affirmed the Secretary of the Department of Social Services' rejection of her application for a Disability Support Pension (DSP). The core of the dispute revolved around whether Mrs Hurst's medical conditions met the criteria for a DSP, specifically concerning the severity of her impairment and her continuing ability to work.

The legal issues before the Tribunal were whether Mrs Hurst's musculoskeletal conditions were fully diagnosed, fully treated, and fully stabilised, and whether she suffered a severe impairment. Additionally, the Tribunal was required to assess whether Mrs Hurst had a continuing ability to work and whether she had completed a program of support as required by relevant legislation. The Tribunal's assessment was to be made as at 12 June 2019, the date her DSP claim was lodged.

The Tribunal reasoned that the Impairment Tables, which form the basis for assessing DSP eligibility, focus on functional capacity rather than diagnosis. For an impairment rating to be assigned, the impairment must be permanent and likely to persist for more than two years. The Tribunal found that Mrs Hurst's claimed conditions were not fully diagnosed, fully treated, and fully stabilised, and therefore did not attract the necessary impairment points. Consequently, she failed to satisfy the second qualification criterion under section 94(1)(b) of the Social Security Act 1991 (Cth).

The Tribunal affirmed the AAT's decision, which in turn affirmed the original decision to reject Mrs Hurst's application for a Disability Support Pension.