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

This matter concerned an application for a Disability Support Pension (DSP) by Mr Gary Burgess, with the Secretary of the Department of Social Services as the respondent. The Administrative Appeals Tribunal (AAT), constituted by Senior Member Belinda Pola, heard the application in Brisbane. The core of the dispute revolved around whether the applicant met the eligibility criteria for a DSP, specifically concerning the assessment of his medical condition during the relevant qualification period.

The Tribunal was required to determine whether the applicant's medical condition was fully diagnosed, fully treated, and fully stabilised during the qualification period, and whether he met the threshold of 20 points or more under the Impairment Tables. A significant issue that arose during the hearing concerned the evidence provided by the applicant's treating general practitioner, Mr L. The Tribunal noted that Mr L's practice registration had been subject to various conditions and undertakings imposed by the Medical Practitioners Board and AHPRA, including restrictions on diagnosing or treating Lyme disease without specific laboratory confirmation and specialist referral approval.

The Tribunal's reasoning focused on the principle that eligibility for a DSP must be assessed based on the applicant's condition during the qualification period, with subsequent changes being irrelevant to that specific claim. While evidence predating or postdating the qualification period could be considered, it was only admissible if it related back to the applicant's condition at that time. Given the concerns raised about the evidence provided by Mr L, particularly in light of the restrictions on his practice, the Tribunal found it unnecessary to proceed with assessing the applicant's eligibility against the Impairment Tables.

Consequently, the Tribunal affirmed the decision under review.