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

This matter concerned an appeal by Mrs Sahbegovic against a decision of the Secretary of the Department of Social Services regarding her eligibility for a disability support pension. The primary dispute revolved around whether Mrs Sahbegovic's physical and psychiatric impairments met the threshold required by the Impairment Tables to establish a continuing inability to work. The case was heard by Mr Conrad Ermert.

The court was required to determine three key issues: firstly, whether Mrs Sahbegovic suffered from physical, intellectual, or psychiatric impairments during the relevant period; secondly, if such impairments existed, whether they attracted a rating of at least 20 points under the Impairment Tables; and thirdly, if the impairments met this rating, whether Mrs Sahbegovic had a continuing inability to work.

In reaching its decision, the court considered evidence regarding Mrs Sahbegovic's traumatic experiences in Bosnia, a workplace injury, and subsequent deterioration of her physical and psychological health. Medical reports from orthopaedic surgeons and other specialists were examined to assess the permanence and impact of her spinal disorder, hypertension, vertigo, headaches, gastritis, and hip arthritis. The court applied the criteria for permanence under section 6 of the Impairment Tables, requiring conditions to be fully diagnosed, treated, and stabilised. While accepting that Mrs Sahbegovic suffered from impairments, the court found that, on balance, the evidence did not support an impairment level of severe difficulty for her spinal disorder or behavioural issues to warrant a 20-point rating. However, the court accepted that her inability to work in any capacity met the descriptor of severe difficulty. Despite this, the court concluded that only one of the required descriptors for severe functional impact was met, resulting in an overall impairment rating of 10 points, which was insufficient to satisfy the legislative threshold.

Consequently, the court found that Mrs Sahbegovic did not satisfy the requirements for a 20-point impairment rating and therefore did not have a continuing inability to work for the purposes of the relevant legislation.