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

This matter concerned an appeal by Ms Spurrell against a decision of the Secretary of the Department of Social Services regarding her eligibility for a disability support pension. The Administrative Appeals Tribunal was tasked with reviewing the Secretary's decision.

The primary legal issue before the Tribunal was whether Ms Spurrell satisfied the criteria for a disability support pension under section 94(1)(b) of the relevant Act, which requires a total impairment rating of 20 points or more under the Impairment Tables. This involved determining if her various medical conditions were fully diagnosed, treated, and stabilised, and if so, the extent of functional impairment they caused.

The Tribunal found that while some of Ms Spurrell's conditions, namely hypertension and GORD, were fully diagnosed, treated, and stabilised, they attracted zero impairment points. Crucially, her knee conditions, depression, and morbid obesity were not found to be fully diagnosed, treated, and stabilised. Consequently, Ms Spurrell did not achieve the required 20 impairment points, meaning the Tribunal did not need to consider the further criterion of a continuing inability to work. The Tribunal affirmed the decision under review.