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

This matter concerned an appeal by Mr Cassar against the decision of the Secretary, Department of Social Services, to cancel his Disability Support Pension (DSP). The Administrative Appeals Tribunal (AAT) was required to determine whether Mr Cassar met the eligibility criteria for DSP at the time of cancellation, specifically whether his conditions were fully diagnosed, treated, or stabilised and whether they resulted in a certain level of impairment.

The primary legal issue before the Tribunal was to assess the extent of Mr Cassar's impairments, particularly concerning his spinal condition and bilateral knee pain, and to determine if these impairments met the threshold for DSP qualification under section 94(1)(b) of the relevant Act. This involved evaluating the medical evidence and considering whether Mr Cassar had undertaken reasonable treatment for his conditions.

The Tribunal placed significant weight on the reports of Associate Professor Matkovic, Dr Radich, Dr Sauvey, and Mr Kelly, who provided recent assessments of Mr Cassar's spinal condition. These reports indicated that surgery was unlikely to significantly ameliorate his symptoms and that physiotherapy had not yielded substantial improvement, with Mr Kelly suggesting that chronic pain meant interventions were unlikely to change his condition. The Tribunal found insufficient evidence to support the allocation of impairment points for Mr Cassar's bilateral knee pain, as it was not demonstrated to be fully treated or stabilised. Furthermore, the Tribunal rejected the Department's assertion that Mr Cassar had not undertaken reasonable treatment for his spinal condition, accepting his evidence that he had made informed decisions about treatment options, such as declining an epidural steroid injection after consulting his doctor and ceasing physiotherapy due to its ineffectiveness. The Tribunal affirmed the decision under review, finding that Mr Cassar was allocated a total of 10 impairment points, which was insufficient to qualify for DSP.