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

This matter concerned an application for a second-tier review of a decision by the Administrative Appeals Tribunal (AAT) affirming a refusal to grant a Disability Support Pension (DSP). The applicant claimed a range of conditions including rotator cuff injury, left ankle exostosis with pain, lumbar disc prolapse with sciatica, loss of cervical lordosis, chronic fatigue, anxiety, and depression. The core dispute revolved around whether these conditions were fully treated and stabilised within the relevant qualification period, and if so, whether they attracted a rating of 20 points or more under the Impairment Tables.

The Tribunal was required to determine if the applicant's various medical conditions were fully treated and stabilised during the qualification period, which commenced on 25 June 2018 and concluded on 24 September 2018. Crucially, the Tribunal had to assess whether the impairments arising from these conditions met the threshold of 20 points or more as stipulated by the Impairment Tables for the purpose of qualifying for a DSP. Evidence of the applicant's condition after the qualification period was only relevant to the extent it informed the assessment of prognoses made during that period.

The Tribunal considered the applicant's evidence detailing his long-standing pain and fatigue, surgical interventions for his shoulder and ankle that proved unsuccessful, and the degenerative nature of his lower back condition. It noted that while the applicant had experienced chronic pain and fatigue, and subsequently developed depression and anxiety, the evidence did not establish that these conditions were fully treated and stabilised within the qualification period. Furthermore, the Tribunal found that the applicant's impairments, as presented, did not attract the requisite 20 points under the Impairment Tables. Consequently, the Tribunal affirmed the previous decision.