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

The Administrative Appeals Tribunal (AAT) considered an appeal by Mr. Ahmad against a decision by the Secretary, Department of Social Services, concerning his eligibility for a disability support pension. The central dispute revolved around whether Mr. Ahmad's medical conditions, specifically chronic back pain and associated depression and anxiety stemming from a 2015 motor vehicle accident, met the criteria for a disability support pension, particularly the requirement of having a certain level of impairment and the conditions being fully diagnosed, treated, and stabilised.

The legal issues before the Tribunal were twofold: first, whether Mr. Ahmad's medical conditions attracted 20 points or more under the relevant Impairment Tables during the specified period; and second, if so, whether he had a continuing inability to work. Crucially, the Tribunal had to determine if Mr. Ahmad's conditions were fully diagnosed, fully treated, and fully stabilised, as this was a prerequisite for assigning impairment points under the Social Security Act 1991.

The Tribunal reasoned that while Mr. Ahmad's chronic back pain and mental health conditions were fully diagnosed, they were not fully treated and stabilised within the relevant period. This conclusion was based on evidence indicating a lack of engagement in recommended coordinated pain management programs and psychological interventions, such as cognitive behavioural therapy. Furthermore, there was a lack of medical consensus regarding the precise cause of his chronic pain and the optimal treatment options, including surgical intervention. Consequently, the Tribunal found that Mr. Ahmad's impairments did not attract 20 points or more under the Impairment Tables, and therefore, the decision under review was affirmed.