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

This matter concerned an appeal by Mr Stegemann against the rejection of his application for a Disability Support Pension by the Secretary, Department of Social Services. The appeal was heard afresh by N A Manetta SM. Mr Stegemann sought the pension due to ongoing incapacity stemming from a severe neck injury sustained in a car accident, a dislocated shoulder, and depression.

The primary legal issues before the court were whether Mr Stegemann's impairments warranted an award of 20 points or more under a single Impairment Table, and whether his conditions were fully diagnosed, treated, and stabilised within 13 weeks of his application. The court was also required to consider whether Mr Stegemann had fulfilled the program of support requirements, which was a prerequisite for eligibility unless the 20-point threshold was met.

The court found that Mr Stegemann had not completed a program of support. Consequently, his eligibility for the pension depended entirely on whether he could demonstrate impairments totalling 20 points or more under a single Impairment Table, arising from conditions that were fully diagnosed, treated, and stabilised within the relevant timeframe. The court accepted the respondent's submission that the assessment of diagnosed, treated, and stabilised conditions must be made within 13 weeks of the application date. After considering the evidence, the court concluded that Mr Stegemann did not meet the 20-point threshold.

The court affirmed the decision under review, finding Mr Stegemann ineligible for a Disability Support Pension. The court noted that it was not necessary to consider Mr Stegemann's physical capacity to work 15 hours per week, as this issue was not canvassed.