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

This matter concerned an application for a Disability Support Pension (DSP) by the applicant, Mr. Storen, against the Secretary of the Department of Social Services. The core dispute revolved around whether the applicant's medical conditions met the criteria for receiving the DSP, specifically concerning the diagnosis, treatment, and stabilisation of his impairments, and whether these impairments warranted a minimum of 20 impairment points. The case was heard by Senior Member P J Clauson.

The legal issues before the court were whether the applicant was qualified to receive the DSP during the relevant period from 23 March 2018 to 23 June 2018. This required determining if the applicant had physical, intellectual, or psychiatric impairments that were fully diagnosed, treated, and stabilised, and if these impairments attracted an Impairment Rating of 20 points or more under the relevant Impairment Tables. Additionally, the court needed to consider if the applicant had a severe impairment of 20 points or more under a single Impairment Table, or if not, whether he had completed a program of support, and if he had a continuing inability to work.

The court accepted that the applicant had impairments for the purposes of the Social Security Act 1991. However, the respondent contended that these impairments did not attract the required 20 points. The court noted that the applicant had lodged an initial claim for DSP on 16 January 2018, which fell within a preclusion period related to a compensation claim. This preclusion period was later varied by the Administrative Appeals Tribunal to end on 6 March 2018. For the purposes of the current review, the court considered the applicant's eligibility based on a claim made on 23 March 2018, using the supporting material from the earlier application. The court examined the applicant's spinal condition, which resulted from a work injury in 2013 and was subsequently worsened by motor vehicle accidents. Medical reports indicated severe lumbar disc degeneration with radiation and sciatica, with surgical options offering only a partial improvement in pain.

Ultimately, the court found that the applicant did not qualify for the DSP because his conditions could not be assigned any impairment points during the relevant period. Accordingly, the decision under review was affirmed.