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

This matter concerned an appeal by the applicant, Twaddle, against a decision of the Secretary of the Department of Social Services affirming a decision to refuse a disability support pension. The primary issue was whether the applicant's medical conditions met the criteria for a disability support pension under the Social Security Act 1991 (Cth). The Tribunal was required to determine if the applicant's impairments attracted an impairment rating of 20 or more points under the Impairment Tables.

The legal issues before the Tribunal were whether the applicant's medical conditions were "permanent" for the purposes of the Impairment Tables, and if so, whether these conditions resulted in an impairment rating of 20 or more points. The Determination defined "impairment" as a loss of functional capacity affecting a person's ability to work, resulting from a "condition," which in turn meant a medical condition. The Tribunal noted that the respondent accepted that the applicant had several impairments, including a spinal condition, diabetes, hypertension, anxiety, and a hernia, which satisfied section 94(1)(a) of the Act during the qualification period.

The Tribunal's reasoning focused on the requirements for a condition to be considered "permanent" under section 6(4) of the Determination. This required the condition to be fully diagnosed, fully treated, fully stabilised, and more likely than not to persist for more than two years. The Tribunal considered evidence regarding the diagnosis, treatment, and ongoing management of the applicant's conditions. The Impairment Tables are function-based and are used to assess the level of functional impact of an impairment, rather than to assess the conditions themselves. An impairment rating can only be assigned if the underlying condition is permanent and the resulting impairment is likely to persist for more than two years.