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

This matter concerned an appeal by Mr Nash against a decision of the Secretary of the Department of Social Services to affirm a decision that he did not qualify for a disability support pension. The dispute centred on whether Mr Nash's impairments attracted an impairment rating of 20 or more points under the relevant Impairment Tables, as required by section 94(1)(b) of the Social Security Act 1991 (Cth). The case was heard by D K Grigg M.

The primary legal issues before the court were whether Mr Nash's conditions were "permanent" for the purposes of the Act, and whether these conditions resulted in an impairment rating of 20 or more points. To be considered permanent, a condition must be fully diagnosed by an appropriately qualified medical practitioner, fully treated, fully stabilised, and more likely than not to persist for more than two years. The court was required to assess the available medical evidence, including reports from treating doctors and job capacity assessments, to determine if these criteria were met.

The court's reasoning focused on the definition of "permanent" as set out in the relevant legislative instruments. It considered the evidence regarding Mr Nash's Autism Spectrum Disorder, social anxiety, and Obsessive-Compulsive Disorder. The court noted that while the Secretary accepted Mr Nash suffered an impairment, the critical question was whether that impairment met the threshold for a disability support pension. The court examined the requirements for a condition to be considered fully diagnosed, fully treated, and fully stabilised, taking into account corroborating evidence, the extent of treatment undertaken or planned, and the likelihood of significant functional improvement. The court's conclusion was that Mr Nash's conditions did not meet the criteria for a permanent impairment attracting the requisite points.