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

This matter concerned an appeal by Mrs Kalik against a decision by the Secretary of the Department of Social Services to affirm a decision that she did not qualify for a disability support pension. The appeal was heard by Dr L Bygrave, Member.

The primary legal issues before the Tribunal were whether Mrs Kalik had, during the relevant claim period, an impairment rating of 20 points or more under the Impairment Tables, and whether she had a continuing inability to work as defined by subsection 94(2) of the Social Security Act 1991 (Cth).

The Tribunal considered evidence of Mrs Kalik's multiple medical impairments, including spinal and neck pain, shoulder pain, hearing loss, and depression. The Tribunal noted reports from orthopaedic surgeons and general practitioners detailing long-standing spinal and neck pain, supported by various medical imaging results. However, the Tribunal placed significant weight on a report from a rheumatologist, Professor David Kandiah, who, although diagnosing chronic spinal pain and degeneration, stated that Mrs Kalik had not yet had evidence of active treatment. Professor Kandiah indicated that her response to active treatment would determine the permanent component of her impairments and recommended a phased approach to medication and regular reviews with her general practitioner. The Tribunal concluded that, based on the evidence, Mrs Kalik's impairments were not fully diagnosed, fully treated, fully stabilised, and likely to persist for more than two years, as required for the disability support pension.

The Tribunal affirmed the decision under review. Mrs Kalik was advised that she was entitled to submit a new application should her circumstances change.