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

This matter concerned an appeal by Mr Brown against a decision of the Administrative Appeals Tribunal (AAT) which affirmed a decision of the Department of Social Services to reject his application for a Disability Support Pension (DSP). The core of the dispute revolved around whether Mr Brown's various medical conditions, including fibromyalgia, osteoarthritis, chronic fatigue syndrome, and a mental health condition, met the criteria for a DSP, specifically concerning the severity of his impairment and his continuing inability to work.

The legal issues before the Tribunal were whether Mr Brown's conditions were fully diagnosed, fully treated, and fully stabilised, and whether he had achieved at least 20 impairment points as required by the Social Security Act 1991 (Cth). The Tribunal was also required to consider whether Mr Brown had a continuing inability to work and had completed a program of support, as well as whether he had a severe impairment. The assessment of these criteria was to be made as at the date Mr Brown lodged his claim for DSP.

The Tribunal's reasoning focused on the Impairment Tables within the relevant Determination, which assess impairment based on functional capacity rather than diagnosis. It was noted that for an impairment rating to be assigned, the impairment must be permanent and likely to persist for more than two years. The Tribunal found that Mr Brown's claimed conditions did not collectively achieve the required 20 impairment points. Consequently, he failed to satisfy the second qualification criterion for a DSP. The Tribunal affirmed the AAT's decision, which in turn affirmed the Department's decision to reject Mr Brown's application.