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

This matter concerned an appeal by the applicant, Mr Doncevski, against a decision by the Secretary of the Department of Social Services to refuse his application for a Disability Support Pension. The applicant contended that he met the qualification period requirements for the pension, specifically concerning a physical condition affecting his lower back and a psychiatric condition.

The Administrative Appeals Tribunal was required to determine whether the applicant's physical and psychiatric conditions were fully diagnosed, treated, and stabilised, and whether they had persisted for more than two years. Crucially, the Tribunal had to assess if these conditions resulted in an impairment rating of at least 20 points under the Social Security Tables and if there was a continuing inability to work.

The Tribunal affirmed the reviewable decision, finding that the applicant's lower back condition was not fully treated and stabilised during the relevant qualification period. Expert evidence indicated that the spinal condition could not attract the required 20 impairment points. Furthermore, the Tribunal determined that the applicant's psychiatric condition had not been reasonably treated, meaning no impairment rating could be assigned to it. Consequently, as the applicant failed to meet the impairment rating threshold, the Tribunal did not need to consider the issue of continuing inability to work.