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

This matter concerned an application for a Disability Support Pension under the *Social Security Act 1991* (Cth). The applicant sought to challenge the decision of the Secretary, Department of Social Services, which had affirmed a previous decision that the applicant did not qualify for the pension. The case was heard by P J Clauson Am SM.

The primary legal issues before the Tribunal were whether the applicant had a physical, intellectual, or psychiatric condition that was fully diagnosed, fully treated, and fully stabilised during the relevant period. Further, the Tribunal had to determine if the applicant's condition warranted an Impairment Rating of 20 points or more under the Impairment Tables, and if so, whether this constituted a severe impairment or if the applicant had completed a program of support, and finally, whether the applicant had a continuing inability to work.

The Tribunal accepted that the applicant had impairments for the purposes of the Act. Regarding a spinal condition, the Tribunal found the condition to have been fully diagnosed, noting MRI findings of disc osteophyte complex protrusions and annular bulge. However, the Tribunal noted that medical opinions indicated no serious problems and no nerve compression, despite degeneration of discs. While a coordinated rehabilitation program was suggested, the Tribunal concluded that it could only consider the applicant's condition as it was during the relevant period. As the condition was not considered fully treated or stabilised at that time, it could not be rated to attract the necessary impairment points for the pension.

Consequently, the Tribunal found that the applicant did not qualify for the Disability Support Pension because her condition was not able to be rated and therefore could not attract the required impairment points during the relevant period. The decision under review was affirmed.