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

This matter concerned a review of a decision by the Secretary of the Department of Social Services regarding the eligibility of an applicant for a Disability Support Pension. The applicant, who suffered from chronic lower back pain, sought to have the decision set aside, arguing that they met the criteria under section 94 of the relevant Act. The review was conducted by T. Tavoularis SM.

The primary legal issues before the Tribunal were whether the applicant's chronic lower back pain constituted a physical impairment attracting 20 points or more under the Impairment Tables, and if so, whether the applicant had a continuing inability to work. A critical aspect of these issues involved determining whether the applicant's condition was fully treated and stabilised, as required by section 6 of the Determination, and whether it was likely to persist for more than two years.

The Tribunal noted that the respondent conceded the chronic lower back pain was a physical impairment and was fully diagnosed and likely to persist for more than two years. The dispute centred on whether the condition was fully treated and stabilised. Applying section 6(4) of the Determination, the Tribunal considered the elements of corroborating evidence, treatment or rehabilitation that had occurred, and whether treatment was continuing or planned. While corroborating evidence was not disputed, the nature of the treatment and future plans were contested.

Ultimately, the Tribunal set aside the decision under review and substituted it with a decision that the applicant satisfied the requirements of section 94 of the Social Security Act 1991 (Cth) and qualified for a Disability Support Pension as at 7 April 2015.