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

This matter concerned an appeal by Mr Morris against decisions of the Secretary, Department of Social Services, affirming the rejection of his applications for a disability support pension. The dispute centred on whether Mr Morris met the criteria for the pension, specifically concerning the severity of his medical conditions during the relevant claim periods. The case was heard by Dr L Bygrave, Member.

The primary legal issues before the Tribunal were whether Mr Morris had an impairment rating of 20 points or more under the Impairment Tables, and whether he had a continuing inability to work as defined by the Social Security Act 1991 (Cth). The Tribunal was required to assess his skin condition and mental health condition against these criteria.

The Tribunal considered Mr Morris's chronic skin condition, resulting from severe burns to his scalp and forehead, which required reconstructive surgery and ongoing management. While acknowledging the permanent nature of this condition and its impact on daily activities, the Tribunal assigned 10 points under the Impairment Tables for Functions of the Skin, finding it met the criteria for a moderate functional impact. Regarding his mental health condition, the Tribunal noted a psychologist's report indicating issues of depression, PTSD, low self-esteem, and anxiety, but also that further assessment was needed for diagnosis. Crucially, the Tribunal found that both his skin condition and mental health condition were fully diagnosed, fully treated, and fully stabilised during the claim periods, and that the impairments did not reach the threshold of 20 points or more under the Impairment Tables.

Consequently, as the Tribunal found that Mr Morris did not meet the impairment rating threshold, it was not necessary to consider his continuing inability to work. The decisions under review were therefore affirmed.