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

This matter concerned an appeal by the applicant against a decision to affirm the Secretary's decision to refuse her claim for a disability support pension. The applicant had previously been in receipt of a disability support pension, which was cancelled, and her subsequent claim was refused. The core of the dispute revolved around whether the applicant's various medical conditions met the criteria for a disability support pension, specifically concerning the qualification period.

The legal issues before the Tribunal were whether, during the qualification period, the applicant had any physical, intellectual, or psychiatric impairment that attracted ratings of at least 20 points under the Impairment Tables, and if so, whether she had a continuing inability to work as defined by the relevant legislation. The Tribunal was required to assess the applicant's various conditions, including neck and back pain, migraine, fibromyalgia, palpitations, a tumour in her left shoulder, and mental health issues, to determine their severity, diagnosis, treatment, and stabilisation status.

The Tribunal's reasoning focused on the requirements of the Social Security Act 1991 (Cth) and the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011 (Cth). It was established that an impairment can only be allocated if a condition is permanent, meaning fully diagnosed, treated, and stabilised, and likely to persist for more than two years. Furthermore, symptoms must be supported by corroborating evidence. After reviewing the extensive medical evidence presented, including reports from various specialists and the applicant's general practitioner, the Tribunal concluded that the applicant's conditions did not meet the threshold for a 20-point impairment rating.

Consequently, the Tribunal found that the applicant had 0 points under the Impairment Tables, failing to satisfy section 94(1)(b) of the Act. As this criterion was not met, the Tribunal did not need to consider the issue of a continuing inability to work. The decision of the Administrative Appeals Tribunal (AAT1) was affirmed, meaning the applicant did not qualify for a disability support pension.