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

The Administrative Appeals Tribunal considered the application of Mr Brinkley for a Disability Support Pension. Mr Brinkley sought to establish that he had a severe impairment, as defined by the relevant legislation, during the qualification period of 7 July 2023 to 6 October 2023. The dispute centred on whether his medical conditions met the criteria for a severe impairment and whether he had participated in a program of support.

The Tribunal was required to determine if Mr Brinkley's medical conditions were fully diagnosed, fully treated, and fully stabilised. Specifically, it needed to ascertain whether any single impairment attracted 20 or more points under the Impairment Tables, as the presence of multiple impairments collectively attracting fewer than 20 points did not constitute a severe impairment for the purposes of the pension. The Tribunal also had to consider whether Mr Brinkley had participated in a program of support.

The Tribunal's reasoning focused on the evidence presented, particularly medical reports, and the legal requirement to assess the applicant's condition during the qualification period. It noted that medical reports post-dating this period were only relevant if they illuminated the applicant's condition at the time. A key factor in the decision was Mr Brinkley's reluctance or refusal to fully complete recommended medical treatments, with the Tribunal observing that he appeared to be relying on self-help measures.

Consequently, the Tribunal affirmed the decision under review, finding that Mr Brinkley had not met the criteria for a Disability Support Pension. The decision indicated that a future application might yield a different outcome if his conditions had worsened and he had exhausted all recommended treatments.