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

This matter concerned an appeal by Baxter against a decision of the Secretary of the Department of Social Services regarding Baxter's eligibility for a disability support pension. The core of the dispute revolved around whether Baxter's various impairments attracted a sufficient number of points under the relevant Impairment Tables to qualify for the pension, and whether there was a continuing inability to work. The Administrative Appeals Tribunal (AAT) was tasked with reviewing the Secretary's decision.

The Tribunal was required to determine whether Baxter's medical conditions, assessed against the Impairment Tables, resulted in a total of 20 or more points. Specifically, the Tribunal had to consider impairments related to physical exertion and stamina (Table 1) and upper limb function (Table 2). A crucial element of this assessment was whether Baxter's impairments were fully diagnosed, fully treated, and fully stabilised, as required by the legislation.

In reaching its decision, the Tribunal considered the medical evidence presented, including reports from treating doctors and specialists. The Tribunal applied the criteria set out in the Social Security Act 1991 and the relevant Impairment Tables. It found that while Baxter had certain diagnosed conditions, these did not meet the threshold for a 20-point impairment under the applicable tables. The Tribunal concluded that the impairments were not of a severity or nature that would satisfy the legislative requirements for a disability support pension, particularly in relation to the assessment of functional impairment and the requirement for a continuing inability to work. The decision under review was affirmed.