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

This matter concerned an application for a Disability Support Pension (DSP) by Mr Bogoevski against the Secretary, Department of Social Services. The core dispute revolved around whether Mr Bogoevski's various medical conditions, including cardiovascular disease, hypertension, hypoglycaemia, alcohol abuse disorder, and a mental health condition, resulted in an impairment rating of 20 points or more under the relevant Impairment Tables, and whether he had a continuing inability to work. The Administrative Appeals Tribunal (AAT) was tasked with determining these issues.

The legal issues before the Tribunal were whether Mr Bogoevski had a physical, intellectual, or psychiatric impairment; whether these conditions were fully diagnosed, treated, and stabilised and likely to continue for at least two years; whether the impairments attracted a rating of 20 points or more under the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011; and whether he had a continuing inability to work. The Tribunal also considered whether a program of support had been undertaken.

The Tribunal found that Mr Bogoevski did have impairments, satisfying the initial requirement for a DSP. Crucially, after reviewing medical evidence including reports from a cardiologist and a discharge summary detailing angioplasty and stenting procedures, the Tribunal was satisfied that his cardiovascular conditions alone attracted sufficient points under the Impairment Tables to meet the 20-point threshold. Furthermore, the Tribunal concluded that Mr Bogoevski had a continuing inability to work.

Consequently, the Tribunal set aside the previous decision under review. In its place, the Tribunal determined that Mr Bogoevski satisfied all the requirements of section 94 of the Act and was therefore qualified to receive the Disability Support Pension as at the date of his claim.