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

This matter concerned an appeal by Ms Law against a decision of the Social Security Appeals Tribunal (SSAT) affirming a decision by the Secretary, Department of Social Services, to refuse her claim for a disability support pension. The dispute centred on whether Ms Law's various medical conditions, including spinal, shoulder, knee, and depression-related impairments, met the criteria for a disability support pension under the relevant legislation. The case was heard by Dr L Bygrave, a Member of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether Ms Law possessed 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 was required to assess the severity and permanence of Ms Law's impairments, considering medical evidence relating to her workplace injury in 2012, a subsequent fall in 2016, and various specialist reports.

The Tribunal considered evidence regarding Ms Law's spinal, shoulder, and arm conditions, including reports from orthopaedic surgeons, pain management specialists, neurologists, and her general practitioner. These reports detailed imaging results, diagnoses, and treatment recommendations. An occupational physician, Dr Peter Cook, assessed Ms Law's spinal condition and concluded it was most consistent with a 20-point impairment rating, acknowledging that this assessment relied partly on Ms Law's self-report. However, the Tribunal ultimately found that Ms Law did not qualify for the disability support pension during the claim period. Consequently, it was not necessary for the Tribunal to consider the issue of a continuing inability to work. The decision under review was affirmed.