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

This matter concerned an appeal by Mr Whalen against a decision of the Social Services and Child Support Division (SSCSD) affirming the rejection of his claim for a Disability Support Pension (DSP). Mr Whalen's claim was based on anxiety, panic attacks, and post-traumatic stress symptoms stemming from his experiences in prison. The central dispute revolved around whether his impairments met the criteria for DSP under the relevant legislation, specifically the Impairment Tables.

The court was required to determine two primary legal issues. Firstly, whether Mr Whalen's impairments attracted a rating of 20 or more points under the Impairment Tables, considering whether his mental health condition was fully treated and stabilised. Secondly, if the first issue was satisfied, whether Mr Whalen had a continuing inability to work within two years of the relevant period.

The court reasoned that for Mr Whalen's impairments to attract points under the Impairment Tables, his condition needed to be fully treated and stabilised. While Mr Whalen presented evidence suggesting his condition had plateaued, the court found that the available material did not definitively establish that his condition was fully treated and stabilised during the relevant period. Furthermore, the court found that Mr Whalen had not actively participated in a Program of Support (POS) and that his impairment, in itself, was not sufficient to prevent him from working independently within two years. Consequently, Mr Whalen did not satisfy the requirement of a continuing inability to work.

The court affirmed the decision of the SSCSD, concluding that Mr Whalen did not qualify for a Disability Support Pension. This conclusion was based on the findings that he did not achieve the required 20 points under the Impairment Tables and that he did not demonstrate a continuing inability to work.