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

This matter concerned an application for a Disability Support Pension (DSP) by the Applicant, who suffered from chronic lower back pain with radiculopathy. The Secretary of the Department of Social Services had refused the application. The review was heard by C. J. Furnell SM.

The primary legal issues before the Court were whether the Applicant's condition attracted an impairment rating of at least 20 points under the relevant legislation, and whether the condition was fully diagnosed, treated, and stabilised within the qualification period.

The Court found that the Applicant's condition was not fully treated and stabilised within the qualification period. Evidence from the Applicant's general practitioner indicated that his symptoms were expected to affect his capacity to work for a limited period, and that with appropriate rehabilitation and pain management, he should be able to cope with modified duties. An employment services assessment report also suggested a limited work capacity within two years with intervention. Consequently, the Court determined that an impairment rating could not be assigned.

The Court affirmed the decision under review, concluding that the Applicant did not qualify for the DSP.