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

The Administrative Appeals Tribunal considered the case of Churcher and the Secretary, Department of Social Services, concerning the refusal of a Disability Support Pension (DSP). The applicant, a 63-year-old Australian citizen with a history of work-related injuries and stress, sought to challenge the decision to affirm the refusal of his DSP claim.

The central legal issues before the Tribunal were whether the applicant's medical conditions were fully diagnosed, treated, and stabilised, and whether his impairments rated 20 points or more under the relevant Impairment Tables, as required by section 94 of the *Social Security Act 1991* (Cth). Specifically, the Tribunal had to determine if the applicant met the criteria for a continuing inability to work, which involves an inability to work for 15 hours or more per week due to accepted impairments and active participation in a Program of Support, unless a severe impairment exemption applied.

The Tribunal's reasoning focused on the evidence presented regarding the applicant's medical conditions, including neck and back pain, and a claimed diagnosis of Post-Traumatic Stress Disorder (PTSD). Applying the legislative framework, the Tribunal found that the applicant's conditions, particularly his spinal issues, were not considered fully treated or stabilised, as indicated by previous assessments suggesting potential for significant functional improvement with optimal treatment. Furthermore, the claimed PTSD lacked sufficient expert evidence to confirm the diagnosis or subsequent treatment. Consequently, the applicant did not satisfy the requirements of section 94(1)(b) and 94(1)(c) of the Act during the relevant period.

The Tribunal affirmed the decision under review, finding that the applicant did not meet the necessary criteria for the grant of a Disability Support Pension.