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

This matter concerned an appeal by Mr Cassell against a decision of the Administrative Appeals Tribunal (AAT) which affirmed the Secretary of the Department of Social Services' rejection of his application for a Disability Support Pension (DSP). The core of the dispute revolved around whether Mr Cassell's medical conditions met the criteria for DSP, specifically concerning the severity of his impairment and his continuing ability to work.

The legal issues before the Tribunal were whether Mr Cassell's claimed conditions were fully diagnosed, fully treated, and fully stabilised, and whether he suffered a severe impairment. The Tribunal was required to assess his continuing ability to work and whether he had completed any required program of support. Crucially, the Tribunal had to determine Mr Cassell's eligibility for DSP as at 24 January 2018, the date his claim was lodged.

The Tribunal's reasoning focused on the functional impact of Mr Cassell's conditions, as mandated by the Impairment Tables under the Social Security Act 1991 (Cth). It was established that an impairment rating is assigned based on what a person can or could do, rather than what they choose to do or what assistance they receive from others. The Tribunal considered evidence of Mr Cassell's travel to the UK, his use of a mobility scooter, and his participation in swimming and physiotherapy. However, it found that his claimed conditions did not achieve the required total of 20 impairment points under the Impairment Tables.

Consequently, Mr Cassell failed to satisfy the second qualification criterion for DSP under section 94(1)(b) of the Act. The Tribunal affirmed the AAT's decision, which in turn affirmed the original rejection of Mr Cassell's DSP application.