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

This matter concerned an application for a disability support pension by the applicant, Ms Eid, against the Secretary of the Department of Social Services. The Administrative Appeals Tribunal was required to review the decision to reject Ms Eid's claim for the pension.

The primary legal issues before the Tribunal were whether Ms Eid's impairments were fully diagnosed, treated, and stabilised, and whether she possessed an impairment rating of 20 points or more under the relevant Impairment Tables, as required by the Social Security Act 1991 (Cth). The Tribunal considered evidence relating to Ms Eid's bladder condition, chronic pain syndrome, gastrointestinal condition, and mental health condition.

The Tribunal reasoned that for an impairment to be allocated points under the Impairment Tables, it must be diagnosed, treated, and stabilised. While Ms Eid's bladder condition was diagnosed, the Tribunal found it was not fully treated and stabilised during the qualification period, as she was awaiting a sacral modulation procedure. Although a subsequent procedure was unsuccessful, this did not alter the status of the condition during the relevant period. Consequently, the Tribunal concluded that Ms Eid did not meet the threshold requirement of 20 points under the Impairment Tables.

The Tribunal affirmed the decision under review, finding that Ms Eid's claim for a disability support pension could not succeed due to her failure to meet the minimum impairment rating requirement.