D’Ambrosio and Secretary, Department of Social Services (Social services second review)

This matter concerned an appeal to the Administrative Appeals Tribunal by Mrs D’Ambrosio against the Secretary of the Department of Social Services’ decision to cancel her Disability Support Pension (DSP). The decision under review was the Tribunal’s earlier decision of 4 February 2016, which affirmed Centrelink’s cancellation of Mrs D’Ambrosio’s DSP.

The primary legal issue before the Tribunal was whether Mrs D’Ambrosio qualified for a DSP on the date her payment was cancelled, pursuant to section 94 of the *Social Security Act 1991* (Cth). This required determining if she had a physical, intellectual, or psychiatric impairment, if that impairment attracted a rating of 20 or more points under the Impairment Tables, and if she had a continuing inability to work.

The Tribunal found that Mrs D’Ambrosio did suffer from several physical impairments on the cancellation date, including spondylosis, hypertension, a respiratory condition, Type II diabetes, a heart condition, hearing loss, and headaches. However, the critical question was whether these impairments, individually or collectively, met the threshold of 20 points or more under the Impairment Tables, which requires the impairment to be permanent and likely to persist for more than two years. While medical evidence indicated her spondylosis was a permanent condition, expert opinions differed on its functional impact, with one doctor assessing it as having a "mild functional impact" (5 points) and another as a "moderate functional impact" (10 points). The Tribunal noted that an impairment rating could only be assigned if the condition was fully diagnosed, treated, and stabilised.

The Tribunal ultimately affirmed the decision to cancel Mrs D’Ambrosio’s DSP, finding that her impairments did not attract the required 20 points under the Impairment Tables.