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

This matter concerned an appeal by Ms Schipkie against a decision by the Secretary of the Department of Social Services regarding her eligibility for a disability support pension. The central dispute revolved around whether Ms Schipkie's medical conditions were permanent and resulted in a functional impairment of 20 points or more under the relevant impairment tables, as required by the Social Security Act 1991 (Cth). The case was heard by D K Grigg M.

The court was required to determine two primary legal issues. Firstly, whether Ms Schipkie's diagnosed conditions, specifically heart disease and Chronic Obstructive Pulmonary Disease (COPD), were permanent and had a functional impact. Secondly, if these conditions were deemed permanent, whether the resulting functional impairment attracted an Impairment Rating of 20 or more points according to the Impairment Tables. The court also considered whether Ms Schipkie's reported anxiety and panic attacks could be taken into account for the purposes of her application.

The court reasoned that the Impairment Tables are function-based and assess the level of functional impact of an impairment, rather than the condition itself. For an impairment rating to be assigned, the condition causing the impairment must be permanent, meaning it has been fully diagnosed, treated, stabilised, and is likely to persist for more than two years. The court found that while Ms Schipkie had a diagnosed permanent COPD and heart disease impairment, the evidence did not support an Impairment Rating of 20 or more points for these conditions. Furthermore, due to a lack of corroborating medical evidence and a formal diagnosis by a specialist, Ms Schipkie's mental health conditions could not be considered for the disability support pension application. The court affirmed the decision under review.