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

This matter concerned an application for a disability support pension by the applicant, Russo, against the Secretary of the Department of Social Services. The dispute centred on whether the applicant had physical and psychiatric impairments that met the criteria for the pension, specifically whether these impairments were fully treated and stabilised. The decision was made by Senior Member M J McGrowdie.

The legal issues before the court were whether the applicant's physical and psychiatric impairments, including spinal, upper limb, and mental health conditions, qualified him for a disability support pension. Crucially, the court had to determine if these impairments were fully treated and stabilised during the relevant period, as required by the legislation, and whether the applicant achieved the necessary points under the impairment tables.

Senior Member McGrowdie reasoned that while the applicant had commenced treatment for his mental health condition, it had only just begun by the conclusion of the relevant period and could not therefore be considered fully treated or stabilised. Although the applicant had been assessed at 15 points for his upper limb and spinal conditions, this did not meet the threshold for the disability support pension. As the applicant did not achieve 20 points for any single condition, and it was unlikely he would have even if his mental health condition had been stabilised, the question of continuing incapacity to work did not need to be considered. The applicant was noted to be in receipt of a carer's pension. The decision under review was affirmed.