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

This matter concerned an appeal by Mr Williams against a decision by the Secretary of the Department of Social Services regarding his eligibility for a disability support pension. The core of the dispute revolved around whether Mr Williams' impairments were permanent and whether they attracted a sufficient impairment rating under the relevant tables to qualify him for the pension. The decision was made by D K Grigg M.

The legal issues before the Tribunal were whether Mr Williams suffered from impairments for the purposes of section 94(1)(a) of the Social Security Act 1991 (Cth) during the qualification period, and specifically, whether his mental health impairment attracted an impairment rating of 20 or more points under section 94(1)(b) of the Act. The Tribunal was required to determine if the conditions causing the impairments were permanent and likely to persist for more than two years, and if the impairments themselves had a significant functional impact.

The Tribunal reasoned that for an impairment rating to be assigned, the underlying condition must be permanent, meaning it has been fully diagnosed, fully treated, fully stabilised, and is more likely than not to persist for more than two years. The Tribunal found that while Mr Williams had a mental health impairment that met the requirements of section 94(1)(a), his hypertension was well-controlled and did not constitute an impairment. Furthermore, for other conditions, there was insufficient evidence to establish they were fully treated, stabilised, or how they affected his functional capacity during the qualification period, thus preventing them from being considered for an impairment rating.