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

This matter concerned an appeal by Sharon Cumming against a decision by the Secretary of the Department of Social Services to cancel her Disability Support Pension (DSP). The Administrative Appeals Tribunal (AAT) was required to determine whether Ms. Cumming qualified for a DSP at the date her pension was cancelled.

The central legal issues before the Tribunal were whether Ms. Cumming's various medical conditions, including a spinal condition, mental health issues, diabetes, morbid obesity, carpal tunnel syndrome, shoulder and hip pain, and varicose veins, were fully diagnosed, fully treated, and fully stabilised at the relevant date. Furthermore, the Tribunal had to assess whether these conditions resulted in a total impairment of 20 points or more, as required by the Social Security Act 1991 (Cth) and the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011.

The Tribunal applied the principles that eligibility for a DSP must be assessed at the date of cancellation and that impairments can only be rated if the condition is permanent, meaning fully diagnosed, treated, and stabilised, and likely to persist for more than two years. The Tribunal considered the evidence presented, including medical reports and statements, to assess the functional impact of Ms. Cumming's conditions. It found that while some conditions met the criteria for being fully diagnosed, treated, and stabilised, the overall impairment rating for her conditions at the date of cancellation was 15 points, which was insufficient to qualify for a DSP.

Consequently, the Tribunal affirmed the decision of the AAT dated 24 November 2016, finding that Ms. Cumming did not qualify for a DSP at the time her pension was cancelled.