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

This matter concerned an application for a disability support pension (DSP) by an applicant diagnosed with non-Hodgkin's lymphoma. The applicant's claim was initially rejected by the Department of Social Services on the basis that she did not meet the threshold of 20 impairment points under the Impairment Tables and did not have a continuing inability to work. This decision was affirmed by an Authorised Review Officer and subsequently by the Administrative Appeals Tribunal (AAT1). The applicant sought a second review by the General Division of the Administrative Appeals Tribunal (the Tribunal).

The central legal issues before the Tribunal were whether the applicant's non-Hodgkin's lymphoma attracted a total impairment rating of 20 points or more under the Impairment Tables, and whether she had a continuing inability to work as defined by the Social Security Act 1991 (Cth). The applicant argued that her incurable cancer, which required ongoing and variable treatment, should qualify her for the DSP, as it would never be fully treated or stabilised.

The Tribunal considered evidence from various medical practitioners, including reports from Dr. Weedon, Dr. Cannell, and Dr. Tan. It noted that the applicant's condition was described as an incurable variety of non-Hodgkin's lymphoma. However, the Tribunal found that the applicant had generated 10 impairment points, which was insufficient to satisfy the requirement of subsection 94(1)(b) of the Act. Consequently, the Tribunal did not need to consider the issue of continuing inability to work.

As the applicant failed to meet the required 20 impairment points, the Tribunal affirmed the decision of AAT1. The applicant was therefore found not to qualify for a disability support pension.