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

This matter concerned an appeal by Mrs Spratt against a decision by the Secretary of the Department of Social Services regarding her eligibility for a Disability Support Pension. The appeal was heard by D R Davies SM.

The primary legal issues before the court were whether Mrs Spratt's impairments, specifically post-traumatic stress disorder, hearing loss, and tinnitus, were fully diagnosed, fully treated, and fully stabilised at the relevant time. The court also needed to determine if these impairments attracted a rating of 20 impairment points or more under the relevant Impairment Tables, and if not, whether she had a continuing inability to work within two years of the relevant period.

The court found that while Mrs Spratt's hearing loss was long-standing, fully diagnosed, treated, and stabilised, her tinnitus condition was not considered fully treated or stabilised. Evidence indicated she was undertaking a tinnitus rehabilitation program, suggesting ongoing treatment. Due to this finding regarding the stabilisation of her tinnitus, the court determined it was unnecessary to consider the further requirements for the Disability Support Pension, including her ability to work.

Accordingly, the decision under review was affirmed, meaning Mrs Spratt did not qualify for the Disability Support Pension based on the conditions assessed.