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

This matter concerned an appeal by Mr Arman against a decision by the Secretary, Department of Social Services, to reject his claim for a Disability Support Pension (DSP). The Administrative Appeals Tribunal (AAT) was required to determine whether Mr Arman met the eligibility criteria for a DSP, specifically concerning the severity and permanence of his impairments and his continuing inability to work.

The legal issues before the Tribunal were whether Mr Arman had any physical, intellectual, or psychiatric impairments as at the Qualification Period, and if so, whether these conditions were permanent, meaning they were fully diagnosed, treated, and stabilised, and likely to persist for more than two years. The Tribunal also had to assess if these impairments, individually or collectively, attracted a rating of 20 points or more under the Impairment Tables, and if he had a continuing inability to work. If a severe impairment was not found, the Tribunal would also consider whether Mr Arman had satisfied the program of support requirements.

The Tribunal considered evidence regarding Mr Arman's medical conditions, including osteoarthritis in his right knee and psychological conditions such as PTSD and depression. It noted that Mr Arman had lodged multiple previous claims for DSP, detailing various physical and psychological complaints. The Secretary accepted that Mr Arman had impairments but contended that his lower limb condition was fully diagnosed, treated, and stabilised, attracting a maximum of 10 points. The Secretary further argued that Mr Arman's mental health conditions were not fully treated and stabilised, thus no points could be assigned for them.

Ultimately, the Tribunal affirmed the decision to reject Mr Arman's claim for a DSP. This was based on the finding that Mr Arman did not have an impairment rating of 20 points or more. While his osteoarthritis was assigned 10 points, his psychological conditions were not considered fully treated and stabilised to attract an impairment rating. Consequently, Mr Arman did not meet the threshold for a severe impairment.