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

This matter concerned an appeal by Mr Lemon against a decision by the Secretary of the Department of Social Services regarding his eligibility for a disability support pension. The central dispute revolved around whether Mr Lemon's medical conditions were fully diagnosed, fully treated, and fully stabilised during the relevant assessment period, and consequently, whether he suffered a severe impairment that prevented him from working. The case was heard by Member I Thompson.

The primary legal issues before the Tribunal were to determine if Mr Lemon's impairments could be assigned 20 points or more under the Impairment Tables, and if so, whether he had a continuing inability to work. The Impairment Tables require that a condition be permanent, meaning it has been fully diagnosed, fully treated, and fully stabilised, and is more likely than not to persist for more than two years, before an impairment rating can be assigned. The functional capacity assessed under these tables relates directly to an individual's capacity to undertake work.

The Tribunal considered the requirements for a condition to be considered fully diagnosed, treated, and stabilised. This involves examining corroborating evidence of the condition, the treatment received, and any planned future treatment. A condition is deemed fully stabilised if reasonable treatment has been undertaken and further reasonable treatment is unlikely to result in significant functional improvement enabling work within the next two years. In relation to Mr Lemon's back condition, while it was accepted that he suffered from spinal degeneration, the Secretary contended that this condition was not fully diagnosed, treated, and stabilised during the assessment period.

Ultimately, the Tribunal affirmed the decision under review. This affirmation was based on the finding that Mr Lemon did not qualify for a disability support pension at the time he lodged his claim or within the subsequent 13 weeks.