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

This matter concerned an appeal by Amin Zada against a decision by the Secretary, Department of Social Services, to reject his claim 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 Zada had an impairment rating of 20 points or more under the Impairment Tables Determination, and whether he had a continuing inability to work as defined by subsection 94(2) of the Social Security Act 1991 (Cth) during the relevant claim period.

The Tribunal considered medical evidence regarding Mr Zada's long-standing spinal condition, including reports from a neurologist and his general practitioner, which indicated severe low back pain, sciatica, and difficulty walking, with ongoing investigation and treatment. However, the Tribunal found that the medical evidence did not provide sufficient detail regarding the treatment undertaken or its stabilisation during the claim period. Crucially, the Tribunal noted that Mr Zada's oral evidence of being "paralysed" was inconsistent with the medical reports, which indicated he was able to travel and live alone with some assistance. Applying the Impairment Tables Determination, the Tribunal concluded that points could not be assigned for his spinal condition. As a result, the Tribunal found it unnecessary to consider the issue of continuing inability to work.

The decision under review was affirmed.