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

This matter concerned an appeal by Mr Bartel against a decision by the Secretary of the Department of Social Services regarding his eligibility for a Disability Support Pension. The Administrative Appeals Tribunal (AAT) was required to determine whether Mr Bartel's medical conditions met the criteria for the pension, specifically whether he had a continuing inability to work due to impairments attracting a rating of 20 or more points under the relevant Impairment Tables.

The legal issues before the AAT included whether Mr Bartel's medical conditions were fully diagnosed, fully treated, and fully stabilised, and whether these conditions resulted in an impairment rating of 20 or more points under the Impairment Tables. The AAT also had to consider whether there was sufficient corroborating evidence of Mr Bartel's functional impairment, as self-reporting of symptoms alone was insufficient.

The AAT applied the principles outlined in the Social Security (Impairment Assessment) Determination, which requires conditions to be fully diagnosed, fully treated, and fully stabilised, and more likely than not to persist for more than two years, to attract an impairment rating. The Tribunal considered medical evidence, including reports from a psychiatrist and Job Capacity Assessments, to assess the functional impact of Mr Bartel's lower limb, lumbar spine, and mental health impairments. The AAT found that Mr Bartel suffered from these impairments during the relevant qualification period.

The AAT affirmed the decision under review, finding that Mr Bartel's impairments did not attract an impairment rating of 20 or more points as required by section 94(1)(b) of the Social Security Act 1991.