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

This matter concerned an appeal by Mr Afaneh against a decision of the Administrative Appeals Tribunal (AAT1) affirming the Secretary of the Department of Social Services' decision that Mr Afaneh did not qualify for the Disability Support Pension (DSP). The core dispute revolved around whether Mr Afaneh's physical impairments met the criteria for a DSP qualification during the relevant period.

The legal issues before the Tribunal were whether Mr Afaneh had physical, intellectual, or psychiatric impairments; if so, whether these impairments attracted a rating of at least 20 points under the Impairment Tables; and if both of the preceding conditions were met, whether Mr Afaneh had a continuing inability to work. The Tribunal was required to assess the permanence of Mr Afaneh's osteoarthritis, a key factor in determining the impairment rating, by considering whether it was fully diagnosed, fully treated, and fully stabilised.

The Tribunal found that Mr Afaneh suffered from impairments, which the Respondent conceded were fully diagnosed. However, the Tribunal determined that Mr Afaneh's osteoarthritis was not fully treated or fully stabilised during the relevant period. Medical evidence indicated that while there was no effective treatment for his condition and his symptoms were permanent with persistent pain, his treatment regime consisted only of over-the-counter medication and periodic specialist consultations. Reports suggested that the condition was not fully treated or stabilised for Centrelink purposes. As Mr Afaneh did not satisfy the requirement of section 94(1)(b) of the Act regarding the impairment rating, he did not meet all the necessary criteria for the DSP.

Consequently, the Tribunal affirmed the decision under review, finding that Mr Afaneh was not qualified for the receipt of the DSP during the relevant period. The decision of the AAT1 was therefore deemed correct and preferable.