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

The Administrative Appeals Tribunal considered the case of Mr Elsleiman and the Secretary, Department of Social Services, concerning Mr Elsleiman's qualification for a disability support pension. The central dispute revolved around whether Mr Elsleiman's multiple health conditions met the criteria for this pension, specifically whether his impairments attracted a rating of 20 points or more under the relevant Impairment Tables during the qualification period.

The Tribunal was required to determine two primary legal issues. Firstly, whether Mr Elsleiman had an impairment rating of 20 points or more under the Impairment Tables during the qualification period. Secondly, if this threshold was met, whether he had a continuing inability to work as defined by subsection 94(2) of the Social Security Act 1991 (Cth).

The Tribunal's reasoning focused on Mr Elsleiman's Chronic Lymphocytic Leukaemia (CLL) and depression. While the Secretary accepted that Mr Elsleiman's CLL was fully diagnosed, treated, and stabilised during the qualification period, it was assessed as attracting only 5 points under Table 1 of the Impairment Tables, reflecting a mild functional impact on activities requiring physical exertion or stamina. The Tribunal accepted this assessment, noting Mr Elsleiman's own evidence of fatigue and reduced capacity for physical activities. Given that the 20-point threshold was not met based on the CLL impairment, the Tribunal found it unnecessary to consider the second issue of a continuing inability to work. Consequently, the Tribunal affirmed the decision under review.