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

This matter concerned an appeal by Mr Lindemann against the cancellation of his disability support pension. The dispute centred on whether Mr Lindemann's impairments attracted an impairment rating of 20 or more points under the relevant Impairment Tables, as required by section 94(1)(b) of the Social Security Act 1991 (Cth). The decision was made by a delegate of the Secretary of the Department of Social Services.

The court was required to determine two primary legal issues. Firstly, whether Mr Lindemann's spinal impairment was "permanent" for the purposes of the Impairment Tables. Secondly, if the spinal impairment was permanent, whether the corroborating evidence demonstrated a functional impact sufficient to attract an impairment rating of 20 points or more under Table 4.

The court reasoned that for an impairment rating to be assigned, the condition causing the impairment must be permanent and likely to persist for more than two years. Permanence requires the condition to be fully diagnosed, fully treated, fully stabilised, and likely to persist for more than two years. The court noted that self-report of symptoms alone is insufficient; corroborating evidence is essential. Applying these principles to the evidence, the court found that while Mr Lindemann had a spinal impairment, the available corroborating evidence, specifically reports from Dr Khan and a JCA report, did not demonstrate a functional impact meeting the criteria for a 20-point rating under Table 4. The evidence supported a 10-point rating at best, which was insufficient to meet the threshold for the pension.

Consequently, the court affirmed the decision of the Secretary to cancel Mr Lindemann's disability support pension.