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

This matter concerned an application for a review of a decision to affirm the rejection of Mr. Bassett's claim for a Disability Support Pension. The dispute centred on whether Mr. Bassett's various medical conditions, including a brain aneurysm, mental health issues, cervical spondylosis, sleep apnoea, and hearing loss, met the criteria for the pension. The case was heard by Member L M Gallagher of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether Mr. Bassett's claimed impairments were fully diagnosed, fully treated, and fully stabilised (FDTS), and whether these impairments resulted in a severe functional impairment that prevented him from working. Additionally, the Tribunal considered whether Mr. Bassett had completed the required program of support, a prerequisite for receiving the pension. The assessment of these criteria was to be made as at the date of Mr. Bassett's claim.

The Tribunal's reasoning was guided by the Social Security Act 1991 (Cth) and associated determinations, which stipulate that impairments must be assessed based on functional capacity rather than diagnosis. The Impairment Tables, which form part of the assessment framework, require that an impairment be permanent and likely to persist for more than two years to attract a rating. The Tribunal found that while Mr. Bassett suffered from various impairments, some were not considered FDTS, and others, despite being FDTS, did not attract the necessary points under the Impairment Tables due to a lack of documented functional impact or specialist assessment. The Tribunal also noted that Mr. Bassett had not participated in a program of support as required.

Ultimately, the Tribunal affirmed the previous decisions, finding that Mr. Bassett did not meet the eligibility criteria for a Disability Support Pension. This outcome was based on the assessment that his conditions, as presented and evidenced, did not satisfy the requirements for FDTS, sufficient functional impairment, or completion of a program of support.