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

This matter concerned an appeal by Ms Morgan against a decision affirming a refusal to grant her a disability support pension. The dispute centred on whether Ms Morgan's impairments attracted an impairment rating of 20 or more points under the relevant tables, as required by section 94(1)(b) of the Social Security Act 1991 (Cth), and whether she had a continuing inability to work. The decision was made by a delegate of the Secretary of the Department of Social Services and reviewed by the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were to determine if Ms Morgan's diagnosed medical conditions, specifically osteoarthritis of the cervical spine, depression and anxiety, and fibromyalgia, were "permanent" for the purposes of the Social Security (Impairment Assessment) Determination 2011 (Cth). This required assessing whether each condition was fully diagnosed, fully treated, fully stabilised, and more likely than not to persist for more than two years. The Tribunal also had to consider whether these permanent impairments attracted an impairment rating of 20 or more points under the Impairment Tables, which are designed to assess the functional impact of impairments.

The Tribunal reasoned that for an impairment rating to be assigned, the underlying condition must be permanent, meaning it must be fully diagnosed, fully treated, fully stabilised, and likely to persist for over two years. While the Secretary accepted that Ms Morgan had impairments satisfying section 94(1)(a) of the Act, the Tribunal found that her asthma was not an impairment for the purposes of section 94(1)(a) due to insufficient evidence regarding its status and impact. Crucially, the Tribunal noted that the Impairment Tables are function-based and assess the level of functional impact, not the conditions themselves. The Tribunal considered various medical reports and Ms Morgan's own evidence regarding her daily functioning, including her ability to manage self-care, travel independently, and engage in social activities, to assess the functional impact of her conditions.

Ultimately, the Tribunal affirmed the decision under review, finding that Ms Morgan's impairments did not attract an impairment rating of 20 or more points under the Impairment Tables, and therefore she did not satisfy the requirements for a disability support pension.