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

The Administrative Appeals Tribunal considered an application for review of a decision by the Secretary of the Department of Social Services concerning Mr Auelua's eligibility for a disability support pension. The core of the dispute revolved around whether Mr Auelua's medical conditions met the threshold for receiving this pension.

The Tribunal was required to determine whether Mr Auelua's impairments, specifically a lower back condition, resulted in an impairment rating of at least 20 points, as stipulated by the relevant impairment tables. A crucial aspect of this determination was whether his medical conditions were fully diagnosed, treated, and stabilised, a prerequisite for assessing the severity of his impairments under the Social Security Act 1991 (Cth).

The Tribunal found that Mr Auelua's lower back condition was assessed as contributing 5 points towards the required impairment rating. However, this assessment did not meet the 20-point threshold necessary for qualification for the disability support pension. The Tribunal affirmed the Secretary's decision, concluding that Mr Auelua's conditions, as presented and assessed, did not satisfy the legislative criteria for the pension. The Tribunal noted that Mr Auelua could lodge a new application should his medical circumstances change in the future.