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

This matter concerned an appeal by Ms Mannion against a decision of the Secretary of the Department of Social Services regarding her eligibility for a disability support pension. The core of the dispute revolved around whether Ms Mannion's medical conditions met the criteria for the pension, specifically concerning the degree of functional impairment and the stability of her conditions. The case was heard by D K Grigg M.

The legal issues before the court were whether Ms Mannion's medical conditions were fully diagnosed, fully treated, and fully stabilised, and whether these conditions resulted in an impairment rating of 20 points or more under the relevant impairment tables. Additionally, the court had to consider whether Ms Mannion had a continuing inability to work as a result of her impairments during the relevant period.

The court's reasoning focused on the assessment of Ms Mannion's impairments against the requirements of the Social Security Act and the associated Determination. It was established that an impairment rating could only be assigned if the condition causing the impairment was permanent, meaning it had been fully diagnosed, fully treated, and fully stabilised, and was likely to persist for more than two years. The court considered various medical reports and statutory declarations detailing Ms Mannion's spinal impairment and its impact on her daily functioning, including her ability to sit, bend, and perform household tasks. The court found that while Ms Mannion suffered from a spinal impairment and a mental health impairment, there was insufficient corroborating medical evidence for other conditions listed in her application, and therefore, these could not be considered. The decision affirmed the Secretary's original decision.