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

This matter concerned an appeal by Ms Morunga against the Secretary of the Department of Social Services' decision to affirm a determination that she did not qualify for a Disability Support Pension. The appeal was heard by A Poljak SM.

The primary legal issue before the Court was whether Ms Morunga's physical and psychiatric impairments, specifically bilateral knee pain, anxiety, and depression, resulted in a total impairment of 20 or more points under the relevant Impairment Tables. This assessment was a prerequisite for establishing her eligibility for a Disability Support Pension.

The Court considered the medical evidence regarding Ms Morunga's conditions, noting that her mental health condition was considered fully diagnosed, treated, and stabilised. However, despite her reported difficulties with concentration, motivation, and social interaction, the Court found that the evidence did not demonstrate a functional impairment that met the threshold of 20 points under the Impairment Tables. The Court specifically noted a medical report indicating that her conditions were generally well managed and caused minimal functional impact.

Consequently, as Ms Morunga's impairments did not rate 20 or more points under the Impairment Tables, the Court concluded that it was not necessary to consider her continuing inability to work. The decision under review was affirmed, though Ms Morunga was advised that she could reapply for a Disability Support Pension at any time.