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

This matter concerned an application for a disability support pension by the Applicant, who was seeking review of a decision by the Secretary, Department of Social Services. The dispute centred on whether the Applicant met the legislative requirements for the pension, specifically concerning the severity and stability of his diagnosed medical conditions. The review was heard by P E Nolan SM.

The primary legal issue before the court was whether the Applicant had a permanent impairment that attracted 20 or more points under the relevant Impairment Tables, as required by section 94(1)(a) of the Social Security Act 1991 (Cth). This involved determining if the Applicant's various conditions, including a spinal condition, mental health condition, drug and alcohol dependence, and a lower limb condition, were fully diagnosed, treated, and stabilised during the qualification period.

The court considered the Applicant's extensive history of spinal injuries, noting that while the Respondent conceded the spinal condition was fully diagnosed, it contended it was not fully treated or stabilised. Medical evidence dating back to 2002, including imaging reports and a workers' compensation settlement acknowledging a 7.5% permanent impairment of the back, was presented. However, the court found that the Applicant could not be assigned any impairment points under the Impairment Tables based on the available evidence. Consequently, the court concluded that it was unnecessary to consider the other criteria under section 94(2) of the Act.

As the Applicant did not qualify for the disability support pension due to failing to meet the impairment point threshold, the decision under review was affirmed.