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

This matter concerned an appeal by the applicant, Bzovski, against a decision of the Social Services & Child Support Division of the Administrative Appeals Tribunal (the Tribunal) affirming the rejection of Bzovski's claim for a disability support pension. The Secretary of the Department of Social Services was the respondent.

The central legal issue before the Tribunal was whether Bzovski met the criteria for a disability support pension, specifically concerning the qualification period and the requirement for a physical, intellectual, or psychiatric impairment rating of at least 20 points under the Impairment Tables. This required the Tribunal to assess whether Bzovski's conditions were fully diagnosed, treated, and stabilised, and to determine the level of functional impact arising from those conditions.

The Tribunal found that Bzovski's conditions had been fully treated and stabilised. However, it noted a lack of medical evidence detailing the impairment arising from these conditions. Consequently, the Tribunal determined that a rating of 0 points was appropriate for the conditions in question. Applying the Impairment Tables, the Tribunal concluded that the overall impairment rating was 15 points, which did not satisfy the 20-point criterion necessary for the pension.

Accordingly, the Tribunal affirmed the earlier decision of the Social Services & Child Support Division, which had upheld the rejection of Bzovski's claim for a disability support pension.