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

This matter concerned an appeal by Mr Al Hassnawy against a decision by the Secretary of the Department of Social Services affirming 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 Hassnawy had a physical, intellectual, or psychiatric impairment as required by paragraph 94(1)(a) of the Social Security Act 1991 (Cth), and whether he had an impairment rating of 20 or more points under the Impairment Tables during the qualification period, as required by paragraph 94(1)(b) of the Act. The Tribunal was also required to consider whether his medical conditions were fully diagnosed, fully treated, and fully stabilised, and what constituted "reasonable treatment" under subsection 6(7) of the Impairment Tables Determination.

The Tribunal found that Mr Al Hassnawy did have impairments arising from a spinal disorder, chronic back pain, inflammatory arthritis, greater trochanteric pain syndrome, and depression and anxiety, thus satisfying paragraph 94(1)(a). However, the Tribunal concluded that Mr Al Hassnawy did not meet the threshold of 20 or more impairment points under the Impairment Tables. The Tribunal noted that while Mr Al Hassnawy had a long history of back pain and had undergone surgery, the medical evidence did not establish that his conditions were fully diagnosed, fully treated, and fully stabilised to the extent required to meet the 20-point threshold.

Consequently, as Mr Al Hassnawy did not qualify for the disability support pension during the qualification period due to not meeting the impairment points requirement, the Tribunal affirmed the decision under review. It was therefore unnecessary to consider the further requirement of a continuing inability to work.