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

This matter concerned an appeal by Ms McLean against a decision by the Secretary of the Department of Social Services. The central dispute revolved around whether Ms McLean met the criteria for a disability support pension, specifically concerning the severity and permanence of her impairments during a relevant qualifying period. The case was heard by Mr Conrad Ermert, a Member of the Tribunal.

The legal issues before the Tribunal were whether Ms McLean suffered from physical, intellectual, or psychiatric impairments during the qualifying period, whether these impairments attracted a rating of at least 20 points under the Impairment Tables, and if so, whether she had a continuing inability to work. The Tribunal was required to assess the permanence of Ms McLean's conditions, as defined by the Impairment Tables, which necessitates that a condition be fully diagnosed, fully treated, and fully stabilised.

The Tribunal considered Ms McLean's spinal disorder and hip condition. For the spinal disorder, while it was diagnosed, the Tribunal found it was neither fully treated nor fully stabilised during the qualifying period, citing Ms McLean's ongoing wait for neurosurgical assessment and medical certificates indicating a prognosis for improvement. Consequently, the spinal condition was not considered permanent under the Impairment Tables, precluding an impairment rating. Similarly, Ms McLean's hip condition, though diagnosed, was found not to be fully treated or stabilised, also preventing a permanent impairment rating. The Tribunal affirmed the decision under review, finding that Ms McLean did not meet the required criteria for an impairment rating of 20 points or more.