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

The Administrative Appeals Tribunal considered an application by Balfour (the applicant) seeking review of a decision by the Secretary, Department of Social Services (the respondent) to cancel the applicant's Disability Support Pension. The applicant's pension had been cancelled on the basis that their medical conditions were not fully diagnosed, treated, and stabilised, and that their impairments did not attract a rating of 20 points or more under the relevant Impairment Tables. The applicant suffered from a spinal disorder, depression, and hip and knee pain.

The Tribunal was required to determine whether the applicant's medical conditions met the criteria for a Disability Support Pension under section 94 of the *Social Security Act 1991* (Cth). Specifically, the Tribunal had to assess whether the applicant's impairments were fully diagnosed, treated, and stabilised, and whether the severity of these impairments, when assessed against the Impairment Tables, reached the threshold of 20 points or more.

In reaching its decision, the Tribunal reviewed the medical evidence presented by the applicant and the respondent. The Tribunal found that while the applicant had a number of diagnosed conditions, the evidence did not establish that these conditions were fully treated and stabilised to the extent required by the legislation. Furthermore, upon assessing the applicant's impairments against the Impairment Tables, the Tribunal concluded that the cumulative points awarded did not reach the 20-point threshold necessary to qualify for the pension. Consequently, the Tribunal affirmed the respondent's decision to cancel the applicant's Disability Support Pension.