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

This matter concerned an appeal by the applicant against a decision of the Secretary, Department of Social Services, regarding the applicant's eligibility for a Disability Support Pension (DSP). The applicant claimed to have physical, intellectual, or psychiatric impairments that would qualify him for the pension. The review was conducted by A Poljak SM.

The primary legal issues before the Court were whether the applicant's alleged impairments were fully diagnosed, treated, and stabilised during the relevant period, and whether these impairments attracted an impairment rating of 20 or more points under the relevant Impairment Tables. The Court also needed to consider, if the threshold of 20 points was met, whether the applicant had a continuing inability to work during that period.

The Court found that while the applicant reported suffering from an abdominal hernia, sinus problems, and vision problems, there was insufficient medical evidence regarding the functional impact and treatment of these conditions during the relevant period. Consequently, these conditions could not be assessed for impairment rating. The Court determined that the overall impairment rating arising from the applicant's conditions was 10 points. As this did not meet the threshold of 20 or more points required by the Impairment Tables, the Court did not need to consider the applicant's ability to work. The decision under review was affirmed.