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

This matter concerned an appeal by Mr Constantinos Cominos against a decision by the Secretary, Department of Social Services, regarding his eligibility for a Disability Support Pension (DSP). The Administrative Appeals Tribunal (AAT) was required to determine whether Mr Cominos met the criteria for a DSP during the relevant qualification period.

The primary legal issues before the Tribunal were whether Mr Cominos's various medical conditions were fully diagnosed, fully treated, and fully stabilised, and whether these conditions resulted in an impairment rating of 20 points or more under the relevant Impairment Tables during the qualification period. The Tribunal also considered the specific provisions of the Social Security Act 1991 (Cth) and the Social Security (Impairment Assessment) Determination 2011 concerning the assessment of chronic pain and other conditions.

The Tribunal reasoned that for a DSP claim to be successful, the applicant must qualify during the specified qualification period, and subsequent changes in medical conditions are not relevant to that claim. While further evidence outside this period may be considered, it must be referable to the applicant's condition during that time. In this instance, the Tribunal treated Mr Cominos's chronic pain and chronic fatigue as symptoms of other conditions, rather than standalone conditions, due to a lack of specific medical evidence from a pain management specialist. Furthermore, the evidence regarding his diverticulitis condition indicated only minor findings.

Consequently, the Tribunal affirmed the decision of the Social Security and Child Support Division dated 3 December 2019, finding that Mr Cominos did not meet the necessary criteria for a Disability Support Pension.