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

This matter concerned an appeal by Ms Mills against a decision by the Secretary of the Department of Social Services regarding her eligibility for a disability support pension. The Administrative Appeals Tribunal was required to determine whether Ms Mills' impairments attracted an impairment rating of 20 or more points under the relevant Impairment Tables.

The primary legal issue before the Tribunal was to assess whether Ms Mills' impairments met the criteria for a disability support pension, specifically whether her functional capacity was impacted to the extent required by section 94(1)(b) of the Social Security Act 1991 (Cth). This involved determining if her conditions were "permanent" and if the resulting impairments were likely to persist for more than two years, as defined by the relevant legislative instruments.

The Tribunal considered medical evidence concerning Ms Mills' conditions, including asthma, hypertension, polycystic ovarian syndrome, and a spinal impairment. While acknowledging the existence of these conditions, the Tribunal found insufficient evidence to establish that her asthma, hypertension, and polycystic ovarian syndrome affected her functional capacity at the qualification date. Medical reports from 2011 and 2015, as well as Ms Mills' own application for review, did not indicate these conditions impacted her functional capacity. However, the Tribunal concluded that Ms Mills suffered a spinal impairment that met the requirements of section 94(1)(a) of the Act. Despite this, the Tribunal determined that the available evidence did not establish that her impairments attracted an impairment rating of 20 or more points under the Impairment Tables, a necessary criterion for the pension.