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

This matter concerned an appeal by Mr Nicholas against a decision by the Secretary of the Department of Social Services regarding his eligibility for a disability support pension. The central dispute revolved around whether Mr Nicholas' medical conditions resulted in a permanent impairment attracting a sufficient point rating under the relevant impairment tables to qualify for the pension. The case was heard by D K Grigg M.

The legal issues before the court were whether Mr Nicholas' medical conditions were permanent, and if so, whether they attracted an impairment rating of 20 points or more under the applicable impairment tables, specifically Table 3 concerning Lower Limb Function. The court was required to determine if the conditions were fully diagnosed, treated, and stabilised, and likely to persist for more than two years, as well as assess the functional impact of these impairments.

The court considered evidence from various medical practitioners detailing Mr Nicholas' hip pain and mobility issues, including his reliance on a walking stick and difficulties with daily activities. The court noted that an impairment rating can only be assigned if the condition causing it is permanent, meaning it has been fully diagnosed, treated, and stabilised, and is likely to persist for over two years. While the Secretary submitted an impairment rating of 10 points under Table 3, Mr Nicholas contended for a rating of 20 points. The court found that Mr Nicholas suffered a Spinal Impairment and Hip Impairment during the qualification period, satisfying section 94(1)(a) of the Act. However, for other conditions, there was insufficient evidence to determine if they were fully diagnosed, treated, and stabilised, or their functional impact.