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

This matter concerned an application for review of a decision by the Secretary, Department of Social Services, to refuse a disability support pension to the applicant, Mr Bozinovski. The applicant's claim was based on a range of medical conditions, including a supraspinatus tear, tennis elbow, and adjustment disorder with mixed anxiety and depressed mood. The core of the dispute revolved around whether these conditions met the criteria for the pension, specifically whether they resulted in a sufficient level of impairment as defined by the relevant Impairment Tables.

The primary legal issue before the Tribunal was whether the applicant's medical conditions were fully diagnosed, treated, and stabilised, and whether these conditions warranted an award of 20 points or more under the Impairment Tables, as required by section 94(1)(b) of the relevant social security legislation. The Tribunal was tasked with determining if the applicant's impairments reached the threshold necessary to qualify for a disability support pension.

The Tribunal found that the applicant did not satisfy the requirements of section 94(1)(b) of the Act. Consequently, the Tribunal concluded that there was no need to consider section 94(1)(c) of the Act. As a result of not meeting the criteria under section 94(1)(b), the decision under review, which affirmed the refusal of the disability support pension, was upheld.