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

This matter concerned an application for a disability support pension by the applicant, Mr Caldaras, against the Secretary of the Department of Social Services. The dispute centred on whether the applicant qualified for the pension during the claim period, specifically between 30 October 2017 and 29 January 2018. The case was heard by Senior Member Bill Stefaniak AM RFD of the Social Security Appeals Tribunal.

The primary legal issues before the Tribunal were whether the applicant's multiple medical conditions were fully diagnosed, treated, and stabilised during the claim period, and whether these impairments attracted a combined score of 20 points or more under the relevant Impairment Tables. Additionally, the Tribunal had to consider whether the applicant was unlikely to be able to work for 15 hours or more per week within two years, independently of a program of support.

The Tribunal's reasoning focused on the requirement for conditions to be fully diagnosed, treated, and stabilised. Despite acknowledging the applicant's numerous ailments and extensive medication, the Tribunal noted the respondent's contention that further medical evidence was required to substantiate the applicant's claims regarding the stability of his conditions. Crucially, the applicant had not undertaken a program of support and was unaware of its necessity until the hearing. Consequently, to qualify for the disability support pension, the applicant needed to demonstrate 20 points for any single impairment. The Tribunal found that the applicant did not meet the criteria for the disability support pension as at the claim period.

Accordingly, the Tribunal affirmed the decision under review, meaning the applicant's claim for a disability support pension was not granted.