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

This matter concerned an appeal by Mr Morgan against a decision by the Secretary of the Department of Social Services affirming a decision that he did not qualify for a Disability Support Pension (DSP). The core of the dispute revolved around whether Mr Morgan met the criteria for DSP, specifically concerning the level of impairment under the relevant tables and the completion of a program of support. The Administrative Appeals Tribunal was tasked with reviewing the Secretary's decision.

The legal issues before the Tribunal were whether Mr Morgan had a level of impairment of 20 points or more under the relevant impairment tables during the qualification period, and whether he had completed a program of support, which would indicate a continuing inability to work. The Tribunal was required to assess the functional impact of Mr Morgan's diagnosed conditions and determine if this impact met the threshold for DSP eligibility.

The Tribunal considered evidence detailing Mr Morgan's reported difficulties with sitting, standing, sleeping, energy levels, and chronic pain, which he stated had a devastating impact on all areas of his life. This evidence was contrasted with a Job Capacity Assessment which indicated Mr Morgan was able to perform certain household chores and drive, provided he paced himself. The Tribunal determined that Table 4 of the Impairment Determination, concerning Spinal Function, was the relevant table for assessment. Ultimately, the Tribunal concluded that Mr Morgan's claim failed because he did not qualify for DSP during the relevant period, and that upon completion of a program of support, he would be able to reapply. The decision under review was affirmed.