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

This matter concerned an appeal by Mr Chapman against a decision of the Administrative Appeals Tribunal (AAT) which affirmed a decision to reject his application for a Disability Support Pension (DSP). The Secretary of the Department of Social Services was the respondent. The core of the dispute revolved around whether Mr Chapman's various medical conditions met the criteria for a DSP, specifically concerning the assessment of functional impairment.

The legal issues before the court were whether Mr Chapman's impairments were fully diagnosed, fully treated, and fully stabilised, and whether these impairments resulted in a total of 20 or more impairment points as assessed under the Impairment Tables. The court was required to determine if Mr Chapman had a severe impairment that would qualify him for a DSP.

The court applied the provisions of the *Social Security Act 1991* (Cth) and the *Social Security (Administration) Act 1999* (Cth), as well as the *Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011*. The court noted that the Impairment Tables assess functional capacity rather than diagnosis, and that an impairment must be permanent, meaning fully diagnosed, fully treated, and fully stabilised, and likely to persist for two years. The court considered the definitions of "fully diagnosed," "fully treated," and "fully stabilised" as set out in the Determination, which involve assessing the availability and efficacy of treatment and the likelihood of functional improvement.

Ultimately, the court affirmed the AAT's decision, finding that Mr Chapman's conditions could only be assigned 10 impairment points as at the date of his claim. Consequently, he did not qualify for a DSP.