Al-Hallaq and Secretary, Department of Social Services (Social services second review)

This matter concerned an appeal by Mr Al-Hallaq against a decision by the Secretary, Department of Social Services, to affirm a decision that he did not qualify for a disability support pension. The appeal was heard by Dr L Bygrave, Member, of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether Mr Al-Hallaq had an impairment rating of 20 points or more under the Impairment Tables, and whether he had a continuing inability to work as defined in subsection 94(2) of the Social Security Act 1991 (Cth). The Tribunal was required to assess whether various diagnosed conditions were fully diagnosed, treated, and stabilised during the relevant claim period to determine their eligibility for point allocation under the Impairment Tables.

The Tribunal considered several conditions, including gastro-oesophageal reflux disorder (GORD), irritable bowel syndrome (IBS), and a lower limb condition. For GORD and IBS, while diagnosed, the medical evidence indicated these conditions were still under investigation and not fully treated or stabilised during the claim period, thus precluding point allocation. Regarding the lower limb condition, reports detailed degenerative meniscal tears in both knees, with past arthroscopic surgeries and ongoing pain management. However, the orthopaedic surgeon's recommendation for further arthroscopic debridement suggested the condition was not fully stabilised.

As the Tribunal found that Mr Al-Hallaq did not meet the threshold of a 20-point impairment rating, it was unnecessary to consider the second limb of the test concerning his continuing inability to work. Consequently, the decision under review was affirmed.