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

This matter concerned an appeal by Mr Samorukoff against a decision of the Secretary, Department of Social Services, affirming a decision that he did not qualify for a disability support pension. The dispute centred on whether Mr Samorukoff's various medical conditions, stemming from Alport syndrome, a kidney transplant, and subsequent treatments and complications, constituted a continuing inability to work that met the criteria for the pension. The case was heard by Mark Hyman, Member.

The primary legal issues before the Tribunal were whether each of Mr Samorukoff's diagnosed conditions were fully treated and stabilised, and whether, in combination, these conditions resulted in a continuing inability to work. Specifically, the Tribunal was required to assess the permanence and severity of conditions including cardiomyopathy arising from an arteriovenous fistula, gout, osteopaenia and osteoporosis, and carpal tunnel syndrome, in light of his underlying Alport syndrome and the effects of immunosuppressive medication.

The Tribunal found that while it was common ground that Mr Samorukoff suffered from impairments meeting the requirements of paragraph 94(1)(a) of the Social Security Act 1991 (Cth), and that his Alport syndrome and its sequelae were fully diagnosed, the assessment of other conditions presented a mixed picture. The cardiomyopathy, arising from the kidney transplant and fistula, was found to be fully diagnosed, treated, stabilised, and likely to persist for at least two years, thus meeting the permanence criteria. However, the Tribunal concluded that Mr Samorukoff failed to meet paragraph 94(1)(c) of the Act, meaning he did not qualify for the disability support pension.