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

This matter concerned an appeal by Mr Djordjevic against a decision of the Secretary, Department of Social Services, regarding his eligibility for a disability support pension. The Administrative Appeals Tribunal was tasked with reviewing the Secretary's decision.

The primary legal issue before the Tribunal was whether Mr Djordjevic satisfied the criteria for a disability support pension, specifically concerning the assessment of his impairments. This involved determining if his claimed medical conditions were fully diagnosed, treated, and stabilised, and if these impairments met the threshold required by the relevant legislation.

The Tribunal found that the medical evidence presented was insufficient to establish that Mr Djordjevic's conditions were fully diagnosed, treated, and stabilised. Consequently, he attracted a total impairment rating of only 5 points for his spinal function. As this rating did not meet the legislative requirement of 20 points or more, the Tribunal concluded that Mr Djordjevic did not satisfy paragraph 94(1)(b) of the Social Security Act 1991. Accordingly, it was unnecessary to consider the further criterion of a continuing inability to work. The decision under review was affirmed.