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

This matter concerned an appeal by Mr Clarke against a decision by the Secretary of the Department of Social Services to reject his claim for a Disability Support Pension. The decision was reviewed by the Administrative Appeals Tribunal.

The Tribunal was required to determine whether Mr Clarke's medical conditions were fully diagnosed, treated, and stabilised during the relevant qualification period, and whether these conditions attracted an impairment rating of at least 20 points as required by section 94(1)(b) of the Social Security Act 1991 (Cth).

The Tribunal found that Mr Clarke's conditions were not fully diagnosed, which prevented the assignment of an impairment rating. Consequently, his total impairment rating was assessed at 5 points. As this did not meet the threshold of 20 points or more, Mr Clarke did not qualify for the Disability Support Pension. The Tribunal affirmed the decision under review.