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

This matter concerned an appeal by Ms Wilks against a decision of the Secretary of the Department of Social Services regarding her eligibility for a disability support pension. The central dispute revolved around whether Ms Wilks' medical conditions were permanent and whether these impairments attracted an impairment rating of 20 or more points under the relevant Impairment Tables, as required by section 94(1)(b) of the Social Security Act 1991 (Cth). The case was heard by D K Grigg M.

The legal issues before the Tribunal were twofold: first, whether Ms Wilks' impairments were "permanent" for the purposes of the Social Security (Impairment Assessment) Determination 2017 (the Determination); and second, if the impairments were permanent, whether they attracted an impairment rating of 20 or more points under the Impairment Tables. The Determination outlines specific criteria for a condition to be considered "permanent," including that it must be fully diagnosed, fully treated, fully stabilised, and more likely than not to persist for more than two years.

The Tribunal's reasoning focused on the criteria for assessing permanence under the Determination. It noted that a condition is considered permanent if it has been fully diagnosed, treated, and stabilised, and is likely to persist for over two years. The Tribunal considered the medical evidence, including reports from Dr Wilson, and accepted that Ms Wilks suffered from a Spinal Impairment and a Mental Health Impairment during the qualification period. The Tribunal's decision affirmed the Secretary's decision, indicating that Ms Wilks' impairments did not meet the threshold for a disability support pension under the relevant provisions.