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

This matter concerned an appeal by Mr Cardona Ossa against a decision affirming a refusal to grant him a Disability Support Pension (DSP). The core dispute revolved around whether Mr Cardona Ossa met the legislative requirements for a DSP during a specific qualification period, namely between 27 February 2018 and 29 May 2018. The Tribunal was tasked with determining if his impairments reached the threshold required by the Social Security Act 1991 (Cth) and associated Impairment Tables.

The legal issues before the Tribunal were whether Mr Cardona Ossa suffered an impairment of 20 points or more under a single Impairment Table during the qualification period, and if so, whether he had a continuing inability to work. To qualify for a DSP, section 94(1) of the Act requires a person to have a physical, intellectual, or psychiatric impairment rated at 20 points or more under the Impairment Tables, and a continuing inability to work, among other criteria. A crucial aspect of the Impairment Tables is that an impairment rating can only be assigned if the underlying condition is "permanent," meaning it is fully diagnosed, fully treated, fully stabilised, and likely to persist for more than two years. Furthermore, the tables stipulate that self-reporting of symptoms alone is insufficient, requiring corroborating evidence.

The Tribunal reasoned that while Mr Cardona Ossa had several diagnosed medical conditions during the qualification period, including major depression, spinal conditions, carpal tunnel syndrome, hypertension, and hypercholesterolaemia, not all of these met the definition of "permanent" as required by the Impairment Determination. Specifically, the Tribunal found that his major depression, lumbar spondylosis, and carpal tunnel syndrome, although fully diagnosed, were not fully treated and fully stabilised during the relevant period. Consequently, an impairment rating under the relevant Impairment Tables could not be assigned to these conditions. While hypertension and hypercholesterolaemia were considered permanent, they did not, on their own, meet the 20-point threshold.

As Mr Cardona Ossa failed to satisfy the requirement of having an impairment rated at 20 points or more under a single Impairment Table during the qualification period, the Tribunal concluded that he did not qualify for a DSP. Therefore, it was unnecessary to consider the issue of his continuing inability to work. The decision under review was affirmed.