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

This matter concerned an application for a disability support pension by the Applicant, who had been diagnosed with Sjogren’s syndrome, lupus, gastrointestinal conditions, and depression. The Secretary of the Department of Social Services opposed the application. The review was heard by Theodore Tavoularis SM.

The primary legal issues before the court were whether the Applicant’s diagnosed conditions were fully treated and stabilised during the relevant period, whether these conditions attracted 20 impairment points or more under the relevant Impairment Tables, and whether the Applicant had a continuing inability to work. The court was required to assess the Applicant's conditions against the criteria set out in the Social Security Act 1991 (Cth) and the associated Impairment Tables.

The court found that while the Applicant's conditions, including SLE and Sjogren’s syndrome, were fully diagnosed, treated, and stabilised, and attracted a total of 20 impairment points across multiple tables, none of the individual impairments reached the 20-point threshold under a single table. Consequently, the Applicant did not meet the definition of having a "severe impairment." Furthermore, the court determined that the Applicant had not actively participated in a program of support, a requirement under section 94(2)(aa) of the Act for individuals without a severe impairment.

Accordingly, the court affirmed the decision under review, finding that the Applicant did not qualify for the disability support pension due to failing to demonstrate a continuing inability to work, primarily because of his lack of participation in a program of support.