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

The Administrative Appeals Tribunal (AAT) considered the case of Dubrovsky and the Secretary, Department of Social Services. The applicant sought a review of a decision to reject his claim for a Disability Support Pension (DSP). The applicant had sustained multiple traumatic injuries following a fall in July 2016, including a brain injury, and subsequently listed various disabilities including epilepsy, double vision, hallucinations, and coordination and speech problems.

The primary legal issues before the Tribunal were whether the applicant's impairments attracted 20 points or more under the relevant Impairment Tables during the specified period, and if so, whether he had a continuing inability to work. The Tribunal was required to assess the applicant's conditions based on whether they were fully diagnosed, fully treated, and fully stabilised within the relevant period, which was between 12 June 2018 and 11 September 2018.

The Tribunal's reasoning focused on applying the legislative requirements to the medical evidence presented. While acknowledging the significant impact of the applicant's injuries on his quality of life and daily functioning, the Tribunal found that his conditions, during the relevant period, did not attract the requisite 20 impairment points under the Impairment Tables. This conclusion was based on the stage of treatment progress for some conditions and a lack of required corroborating medical evidence for others.

Consequently, the Tribunal affirmed the decision under review, finding that the applicant met the criteria for a continuing inability to work but that his impairments did not attract 20 points or more under the Impairment Tables, thus failing to meet the requirements for a DSP.