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

This matter concerned an application for a disability support pension by Mr Dinh, who was represented by his daughter. The Secretary of the Department of Social Services opposed the application. The Administrative Appeals Tribunal was required to determine whether Mr Dinh met the eligibility criteria for a disability support pension, specifically whether he had a severe impairment that prevented him from working.

The primary legal issues before the Tribunal were whether Mr Dinh's conditions were fully diagnosed, treated, and stabilised, and whether he had accumulated at least 20 points under the Impairment Tables. A key point of contention was which Impairment Table was appropriate for assessing Mr Dinh's functional capacity, with the applicant's representative arguing for Table 1 (physical exertion and stamina) and the respondent submitting that Table 4 (spinal function) was the correct table.

The Tribunal considered the medical evidence, including reports from Dr Thoo and Dr Ng, which confirmed Mr Dinh suffered from cervical spondylosis and associated pain. While the respondent accepted that this condition was diagnosed, treated, and stabilised, the Tribunal had to independently assess the functional impact. The Tribunal found that while Dr Ng's report indicated an impact on physical work, this did not necessarily equate to the severe functional impairment required for 20 points under Table 1. The Tribunal reasoned that Table 1 applied to activities requiring physical exertion or stamina, and the evidence did not demonstrate that Mr Dinh experienced symptoms during light physical activity or was unable to perform specific listed activities. The respondent's submission that Table 4 was more appropriate, relating to spinal function, was accepted by the Tribunal, which acknowledged a moderate functional impact in this area, entitling Mr Dinh to 10 points.

Ultimately, the Tribunal concluded that Mr Dinh had not achieved the required 20 points under the Impairment Tables to satisfy the criteria for a disability support pension. Accordingly, the decision under review was affirmed.