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

This matter concerned an appeal by Mr. Bob Achmar against a decision of the Administrative Appeals Tribunal (AAT) affirming a decision that he did not qualify for a disability support pension. The dispute centred on whether Mr. Achmar had a severe impairment, as defined by the relevant legislation, and whether he had actively participated in a program of support.

The legal issues before the Tribunal were whether Mr. Achmar had a severe impairment under a single Impairment Table, and whether he had actively participated in a Program of Support during the relevant period. The Tribunal was required to assess the medical evidence concerning his various conditions, including thyroid cancer, spinal conditions, mental health issues, and upper limb problems, to determine if any single condition met the threshold for severe impairment.

The Tribunal considered extensive medical evidence, including multiple JCA reports and reports from treating physicians. It noted that while Mr. Achmar suffered from several conditions, including thyroid cancer, chronic pain affecting his spine, and mental health issues, the evidence did not establish a severe impairment under any single Impairment Table. Specifically, the Tribunal found that his upper limb conditions affecting his hands and arms were not a severe impairment, and other conditions were either not fully diagnosed, treated, or stabilised. Furthermore, the Tribunal concluded that Mr. Achmar had not actively participated in a Program of Support.

Consequently, the Tribunal affirmed the decision under review, finding that Mr. Achmar did not meet the criteria for a disability support pension.