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

This matter concerned an appeal by Mr Brennan against a decision of the Secretary of the Department of Social Services affirming a decision that he did not qualify for a Disability Support Pension (DSP). The core of the dispute revolved around whether Mr Brennan's impairments met the criteria for a DSP, specifically concerning the severity and permanence of his conditions. The case was heard by Member D K Grigg.

The primary legal issues before the Tribunal were whether Mr Brennan's conditions were fully diagnosed, fully treated, and fully stabilised, and whether his impairments attracted an Impairment Rating of 20 points or more under the relevant Impairment Tables, as required by section 94(1)(b) of the Social Security Act 1991 (Cth). The Tribunal also considered, but did not need to determine, whether Mr Brennan had a continuing inability to work under section 94(1)(c)(i) of the Act.

The Tribunal reasoned that to qualify for a DSP, an applicant must demonstrate that their impairments are permanent and likely to persist for more than two years. Applying this principle, the Tribunal found that while Mr Brennan suffered from dysphasia and a mental health impairment during the qualification period, his cognitive function and vertigo conditions were not sufficiently diagnosed or stabilised within that period to be considered permanent. Furthermore, other conditions such as diabetes, dyslipidaemia, GORD, hypertension, and vitamin B12 deficiency were either having minimal functional impact or lacked sufficient supporting evidence. Consequently, the Tribunal determined that Mr Brennan's total Impairment Rating was 10 points, falling short of the required 20 points.

As Mr Brennan did not satisfy the Impairment Rating requirement under section 94(1)(b) of the Act during the qualification period, his claim for DSP failed. The Tribunal affirmed the decision under review.