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

This matter concerned an appeal by Ms Smith against a decision of the Administrative Appeals Tribunal (AAT) regarding her eligibility for a disability support pension (DSP). Ms Smith had lodged a claim for DSP on 4 October 2018, citing a range of medical conditions including a right ankle injury, depression, lower back pain, hypertension, knee injuries, type 2 diabetes, elbow pain, shoulder pain, and chronic pain. These conditions had affected her for many years prior to her application.

The primary legal issues before the Member were whether Ms Smith's medical conditions were fully diagnosed, fully treated, and fully stabilised, and whether she had an impairment rating of 20 or more points according to the Impairment Tables. Crucially, the Member also had to determine if Ms Smith had a continuing inability to work due to her spinal condition and other ailments.

The Member found that Ms Smith's treating general practitioner had provided extensive documentation detailing her medical history and current complaints, which included significant limitations on her ability to walk, stand, lift, and perform daily tasks. The doctor's diagnoses encompassed traumatic injuries, spinal conditions, joint issues, tendon tears, and major depression, and stated that all treatment for her physical disabilities had been exhausted with no further recommendations or specialist referrals. The Member concluded that Ms Smith would not benefit from training activities aimed at returning her to the workforce within two years due to her incapacity. Consequently, the AAT's decision was set aside, and it was substituted with a determination that Ms Smith was qualified to receive the disability support pension from 4 October 2018.