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

This matter concerned an appeal by the applicant, Mr Du, against a decision of the Administrative Appeals Tribunal (AAT) which affirmed the Secretary of the Department of Social Services' decision to refuse Mr Du a disability support pension. The applicant had a history of employment involving physically demanding work, which he claimed led to significant back and upper limb impairments. He asserted that these impairments prevented him from working, despite his desire to do so.

The primary legal issues before the Senior Member of the Tribunal were whether Mr Du's impairments were fully diagnosed, treated, and stabilised, and whether these impairments attracted a rating of 20 points or more under the relevant Impairment Tables during the period in question. The Tribunal was also required to consider whether Mr Du had a continuing inability to work due to these impairments.

The Senior Member considered the evidence presented by Mr Du and his son, as well as various medical documents. While acknowledging the applicant's sincerity and the difficulties he faced, the Tribunal made observations regarding his physical capabilities during the hearing, noting his ability to move his arms, stand up quickly, and drink from a cup without assistance. The Tribunal ultimately affirmed the AAT's decision, finding that the criteria for a disability support pension were not met. The decision noted that Mr Du could lodge a new application at any time should his circumstances change and he meets the required criteria.