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

This matter concerned an appeal by Mr Meagher against a decision of the Secretary, Department of Social Services, to affirm a decision that he did not qualify for a disability support pension. The review was conducted by D R Davies SM.

The primary legal issues before the Court were whether, during the relevant period of 9 September 2014 to 9 December 2014, Mr Meagher’s impairments were fully diagnosed, fully treated, and fully stabilised; whether these impairments attracted ratings of 20 impairment points or more under the Impairment Tables; and, if so, whether he had a continuing inability to work within two years of that period, unless one impairment alone attracted a rating of 20 points or more.

The Court considered the medical evidence regarding Mr Meagher's neurological conditions, which the Secretary accepted were fully diagnosed, treated, and stabilised. This evidence included reports from general practitioners, neurologists, radiologists, and hospital discharge summaries detailing a history of multiple aneurysms treated by coiling, a sub-arachnoid haemorrhage, hydrocephalus requiring a VP shunt, and subsequent cognitive impairment, particularly relating to arithmetic. However, the Court found it unnecessary to determine the latter two issues concerning impairment points and continuing inability to work, as it had reached a conclusion on the first issue.

Ultimately, the Court concluded that Mr Meagher did not qualify for a disability support pension in respect of his claim, and therefore affirmed the decision under review.