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

This matter concerned an appeal by an applicant against a decision of the Secretary, Department of Social Services, regarding his eligibility for a Disability Support Pension (DSP). The Administrative Appeals Tribunal was tasked with determining whether the applicant's medical conditions met the criteria for a DSP, specifically whether his conditions attracted 20 points or more under the Impairment Tables and if he had a continuing inability to work.

The Tribunal was required to assess the applicant's chronic pain and lower limb conditions, which stemmed from a significant leg length discrepancy and scoliosis, against the Impairment Tables. This involved considering medical evidence from various specialists, including orthopaedic surgeons and physiotherapists, who detailed the applicant's pain, mobility limitations, and capacity for employment. The central legal question was whether these conditions, as diagnosed, treated, and stabilised, resulted in a level of impairment that qualified him for the DSP.

The Tribunal accepted the applicant's evidence regarding his limitations and found that his chronic pain and lower limb conditions significantly impacted his mobility and daily activities. Medical reports indicated that his pain was largely biomechanical, aggravated by physical exertion, and that he experienced severe pain after short periods of standing or sitting. Despite attempts to manage his condition and explore alternative work, the evidence suggested a continuing inability to perform meaningful or stable work. Consequently, the Tribunal concluded that the applicant met the requirements of section 94(1)(c) of the Social Security Act 1991, demonstrating a continuing inability to work.

The Tribunal set aside the previous decision and substituted a new decision, finding that the applicant was qualified for the DSP as of 2 August 2019, based on his eligibility under section 94(1) of the Act.