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

This matter concerned an application for a Disability Support Pension (DSP) by Mr Dauenhauer, a 60-year-old former carpenter who ceased work in 2017 due to chronic pain and ill health. Mr Dauenhauer had previously applied for a DSP in 2019, which was rejected and subsequently affirmed by the Tribunal. His most recent application was also rejected by Centrelink and affirmed on internal review, with the initial Tribunal decision finding that his conditions were not fully diagnosed, treated, and stabilised, and therefore did not attract the required 20 impairment points. The case was heard by Ms A E Burke AO, Member, of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether Mr Dauenhauer suffered from a physical, intellectual, or psychiatric impairment; whether his conditions were fully diagnosed, treated, and stabilised, resulting in impairments attracting 20 points or more under the Impairment Tables; and whether he had a continuing inability to work. The Tribunal was also required to consider the requirements of a program of support.

The Tribunal found that Mr Dauenhauer did suffer from physical impairments, including chronic lower back pain, chronic pain in his right shoulder, chronic pain in his left knee, and monocular doubling of vision. Crucially, the Tribunal was satisfied that these impairments attracted 25 impairment points under the Impairment Tables, thereby meeting the requirement of section 94(1)(b) of the *Social Security Act 1991* (Cth). This assessment differed from previous decisions, which had found his conditions were not fully diagnosed, treated, and stabilised. The Tribunal also found that Mr Dauenhauer had completed his program of support and had a continuing inability to work, satisfying the remaining criteria under section 94 of the Act.

Consequently, the Tribunal set aside the decision under review and remitted the matter for reconsideration with a direction that Mr Dauenhauer satisfied all the necessary requirements for the DSP.