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

The Administrative Appeals Tribunal (AAT) considered the case of Mr Emery and the Secretary, Department of Social Services, concerning the refusal of a Disability Support Pension (DSP). The applicant, Mr Emery, sought to have the decision to refuse his DSP claim set aside.

The legal issues before the Tribunal were whether Mr Emery's medical conditions were fully diagnosed, treated, and stabilised, whether his impairments rated 20 points or more under the Impairment Tables, and whether he had a continuing inability to work. Specifically, the Tribunal had to determine if his impairments met the threshold for a severe impairment under a single heading of the Impairment Tables, or if, without a severe impairment, he had actively participated in a program of support and met the criteria for an inability to work.

The Tribunal reasoned that Mr Emery met the eligibility requirements for the DSP. It found that his various medical conditions, including cardiac issues, carpal tunnel syndrome, and spinal problems, were sufficiently diagnosed, treated, and stabilised. The Tribunal concluded that his impairments, when considered collectively or under a single heading, met the 20-point threshold under the Impairment Tables, thereby establishing a severe impairment. Furthermore, the Tribunal was satisfied that Mr Emery had a continuing inability to work, as defined by the Social Security Act 1991 (Cth), due to his impairments.

Consequently, the Tribunal set aside the previous decision and substituted it with a decision that Mr Emery met the eligibility requirements of section 94 of the Act and was qualified for the Disability Support Pension as of 6 June 2022.