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

The Administrative Appeals Tribunal considered the appeal of Ali against a decision by the Secretary, Department of Social Services, concerning the appellant's eligibility for a Disability Support Pension. The core of the dispute revolved around whether the appellant's medical conditions met the criteria for the pension, specifically whether they were fully diagnosed, fully treated, and fully stabilised, and whether these conditions resulted in an impairment of 20 points or more under the relevant Impairment Tables during the qualification period.

The Tribunal was required to determine if the appellant's medical conditions satisfied the legislative requirements for a Disability Support Pension. This involved assessing whether the conditions were indeed fully diagnosed and treated, and importantly, whether they had reached a stable state. Furthermore, the Tribunal had to ascertain if the assessed level of impairment, as measured against the Impairment Tables, reached the threshold of 20 points or more within the specified qualification period.

In reaching its decision, the Tribunal reviewed the available medical evidence and the appellant's submissions. The Tribunal applied the principles established in social security legislation and relevant case law concerning the assessment of medical conditions for the purpose of disability support. The Tribunal found that the evidence did not establish that the appellant's conditions were fully diagnosed, fully treated, and fully stabilised to the extent required by the legislation. Consequently, the Tribunal concluded that the appellant did not meet the necessary criteria for the Disability Support Pension. The decision under review was affirmed.