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

This matter concerned Mr Kumar's claim for a Disability Support Pension (DSP). The dispute centred on whether Mr Kumar met the legislative requirements for DSP, specifically concerning the severity of his medical conditions and his continuing inability to work. The decision was made by Pj Clauson Am SM.

The court was required to determine two primary legal issues. Firstly, whether Mr Kumar's impairments attracted 20 points or more under the relevant Impairment Tables during the period in question. Secondly, if this threshold was met, whether Mr Kumar had a continuing inability to work. The court also considered whether Mr Kumar's medical conditions were fully diagnosed, fully treated, and fully stabilised, and whether he had met program of support requirements.

The court found that Mr Kumar's mental health condition was not fully diagnosed during the relevant periods, as there was insufficient evidence from a psychiatrist or clinical psychologist. While acknowledging Mr Kumar's physical impairments, the court noted that the Health Professional Advisory Unit had assessed his upper limb, lower limb, and spinal conditions as collectively attracting 15 points under the Impairment Tables. This assessment indicated that his impairments did not reach the required 20 points. Furthermore, the court concluded that there was no continuing inability to work. Consequently, the court determined that Mr Kumar did not satisfy the criteria for DSP.