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

This matter concerned an appeal by Mr Radford against a decision by the Secretary of the Department of Social Services regarding his eligibility for a Disability Support Pension (DSP). The core of the dispute was whether Mr Radford met the criteria for a DSP, specifically whether his impairments attracted a rating of 20 or more points under the relevant impairment tables during the qualification period. The decision was made by D K Grigg M.

The legal issues before the court were whether Mr Radford's mental health impairment qualified as a "severe impairment" for the purposes of the Act, and if so, whether it attracted an impairment rating of 20 or more points. The court also considered whether Mr Radford's alcohol dependence and right knee and shoulder conditions constituted impairments that were both permanent and attracted the requisite points, or if there was sufficient evidence to assess them as such.

The court found that Mr Radford suffered from a mental health impairment during the qualification date, which met the requirements of section 94(1)(a) of the Act. This conclusion was based on medical evidence detailing his Borderline Personality Disorder (BPD), its exacerbation, and its impact on his capacity to work, including symptoms such as depressed mood and social withdrawal. However, the court determined there was insufficient evidence to conclude that his alcohol dependence was an impairment and permanent during the qualification period, particularly as he reported no longer suffering from it. Similarly, the court found a lack of corroborating medical and specialist evidence regarding his right knee and shoulder conditions, preventing them from being considered as impairments or permanent for the purposes of the Act. Consequently, the court was unable to conclude that Mr Radford's mental health impairment alone attracted an impairment rating of 20 or more points.