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

This matter concerned an appeal by Mr Elms against the cancellation of his Disability Support Pension (DSP). Mr Elms had been receiving DSP since 2010 for Depressive Disorder with a history of psychotic and social anxiety, and Meniere’s disease. The cancellation followed a medical review which determined that his impairments no longer met the threshold of 20 points or more under the Impairment Tables. The Administrative Appeals Tribunal (AAT) was required to determine whether Mr Elms' conditions attracted the requisite points under the relevant Impairment Tables and, if so, whether he had a continuing inability to work.

The Tribunal considered the Impairment Tables for Mental Health Function (Table 5) and Hearing and other Functions of the Ear (Table 11). For his mental health condition, the Tribunal assessed Mr Elms' functional impact across six domains: self-care and independent living, social/recreational activities and travel, interpersonal relationships, concentration and task completion, behaviour planning and decision-making, and work/training capacity. The Tribunal found that while Mr Elms experienced some difficulties in several domains, including social anxiety and concentration, his overall functional impact was mild, warranting five points under Table 5. This assessment was based on evidence of his ability to manage personal affairs, maintain some social connections, engage in hobbies, and manage stressful situations, albeit with some difficulty.

Regarding his hearing loss and Meniere’s disease, the Tribunal noted that this condition was fully diagnosed, treated, and stabilised. However, the provided text does not detail the Tribunal's specific findings or point allocation for this condition. The central issue for the Tribunal was whether the combined points from all assessed impairments reached the 20-point threshold. Based on the assessment of his mental health condition attracting five points, and without further detail on the Meniere's disease assessment, the Tribunal affirmed the decision to cancel the DSP. The Tribunal concluded that Mr Elms' impairments did not attract 20 points or more under the Impairment Tables.