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

This matter concerned an application for a Disability Support Pension (DSP) by Mr White, with the Secretary of the Department of Social Services as the respondent. The dispute centred on whether Mr White met the qualification thresholds for the DSP as set out in section 94 of the *Social Security Act 1991* (Cth). The case was heard by Mr S. Webb, Member.

The legal issues before the court were whether Mr White's medical conditions, specifically chronic pain symptoms arising from underlying medical conditions affecting his cervical spine, lumbar spine, and shoulders, met the threshold for assignment of impairment ratings. Crucially, the court had to determine if these conditions were likely to persist for more than two years, and if further reasonable treatment had been recommended. The court also considered whether the evidence of functional impairment resulting from a permanent left shoulder condition was sufficient to assign an impairment rating.

The Member reasoned that for a condition to be considered permanent for the purposes of the DSP, it must be likely to persist for at least two years. The evidence presented indicated that while Mr White suffered from cervical and lumbar spine conditions, these were not considered permanent. Regarding his left shoulder, although a full thickness tear of the supraspinatus tendon was identified, the evidence of functional impairment was not sufficient to meet the qualification thresholds for the DSP. Consequently, Mr White did not meet the necessary qualification thresholds.

The decision under review was affirmed.