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

This matter concerned an appeal by Mr. Bajouri against the Secretary of the Department of Social Services regarding the cancellation of his Disability Support Pension (DSP). The central dispute revolved around whether Mr. Bajouri's combined physical and psychological impairments met the threshold of 20 or more points under the relevant Impairment Tables, as required by section 94(1)(b) of the Social Security Act 1991 (Cth). The Administrative Appeals Tribunal was tasked with determining the severity of Mr. Bajouri's impairments at the date his DSP was cancelled.

The legal issues before the Tribunal were to assess the functional impact of Mr. Bajouri's lower limb condition, his upper limb condition, and his psychological conditions, and to assign appropriate point scores under the Impairment Tables. Specifically, the Tribunal had to determine if his left lower limb condition resulted in a mild or moderate functional impairment, and to consider the evidence regarding his left hand injury and any ongoing functional deficits. The ultimate question was whether the sum of the points assigned to all his impairments reached the statutory minimum of 20 points.

The Tribunal found that while Mr. Bajouri's left lower limb condition was permanent, the evidence was insufficient to establish a moderate functional impairment, as it could not be definitively concluded that he was unable to use stairs without assistance. Accordingly, a rating of 5 points for mild functional impact was assigned to this condition. Regarding his left hand, the Tribunal noted conflicting medical evidence, with some reports indicating significant weakness and inability to use the hand, while others suggested minimal impact or negative X-ray findings. Due to this lack of clarity and the absence of ongoing supportive treatment for the hand injury, a specific point score was not assigned for the upper limb impairment. The Tribunal acknowledged that Mr. Bajouri likely suffered from psychological conditions that would continue to cause impairment, suggesting he might qualify for DSP on a new application. However, at the date of cancellation, the Tribunal was not satisfied that his combined impairments totalled 20 points or more.

Consequently, the Tribunal affirmed the decision to cancel Mr. Bajouri's Disability Support Pension, finding that he did not qualify for the pension at the time of cancellation.