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

This matter concerned an appeal by Mr Leach against a decision by the Secretary of the Department of Social Services to affirm a decision that he did not qualify for a Disability Support Pension. The dispute centred on whether Mr Leach met the qualification requirements for the pension, specifically concerning the permanency and severity of his various medical conditions. The decision was made by A F Cunningham SM.

The primary legal issues before the Tribunal were whether Mr Leach's claimed conditions, including shoulder arthritis, chronic depression, substance abuse, spinal degeneration, and codeine dependency, were "permanent" as defined by the Impairment Tables, and whether his overall impairment rating met the threshold for qualification. The Tribunal also considered the relevant qualification period for the pension, which was established as 15 August 2015 to 15 November 2015.

The Tribunal reasoned that while the Secretary conceded Mr Leach's shoulder arthritis was fully diagnosed, treated, and stabilised, the other conditions were not considered permanent because they were not fully diagnosed, treated, and stabilised. Specifically, concerning chronic depression, although diagnosed, it was not considered fully treated or stabilised, with a guarded prognosis due to complexity, chronicity, and Mr Leach's motivation. The Tribunal noted that Mr Leach had not met the requirement of active participation in a Program of Support for the requisite 18-month period.

Accordingly, the Tribunal affirmed the decision under review, finding that Mr Leach did not satisfy the qualification requirements for the Disability Support Pension during the relevant period.