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

This matter concerned an appeal by Mr Wright against a decision of the Social Security Appeals Tribunal, which affirmed the Secretary of the Department of Social Services' decision to refuse Mr Wright a disability support pension. The dispute centred on whether Mr Wright's various physical and psychological impairments met the criteria for the pension during the relevant claim period.

The primary legal issues before the court were whether Mr Wright's impairments, including spinal conditions, limb conditions, a mental health condition, and haemorrhoids, were fully diagnosed, treated, and stabilised during the claim period. The court was also required to determine whether, based on the conditions that were fully diagnosed, treated, and stabilised, Mr Wright had a continuing inability to work.

The court acknowledged Mr Wright's sympathy for his serious medical conditions and participation in a support program, noting that it was not clear he possessed the work capacity attributed to him. However, the court accepted the Secretary's submission that only conditions fully diagnosed, treated, and stabilised during the claim period could be considered for assessing work capacity for the purposes of a disability support pension. As the Tribunal was not satisfied that all of Mr Wright's impairments met this threshold during the claim period, the court affirmed the decision under review.