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

This matter concerned an application for a disability support pension by the Applicant, who had a history of mental illness, a lower leg injury, and a tumour. The Secretary of the Department of Social Services contended that the Applicant did not meet the criteria for the pension. The Administrative Appeals Tribunal (AAT) was required to determine whether the Applicant had a physical, intellectual, or psychiatric impairment that attracted a rating of at least 20 points under the Impairment Tables, and whether the Applicant had a continuing inability to work.

The Tribunal considered the Applicant's bipolar affective disorder, lower limb condition, and other medical issues. The Secretary accepted that the Applicant's lower limb condition was fully diagnosed, treated, and stabilised, and attracted a maximum of 10 impairment points under Table 3 of the Impairment Tables. However, the Secretary contended that the Applicant's bipolar affective disorder was not fully treated and stabilised, and that the impairment from this condition attracted 0 points under Table 5. The Secretary also argued that other conditions were not fully diagnosed, treated, or stabilised, and lacked corroborating evidence of functional impact.

The Tribunal found that the Applicant's lower limb condition attracted 10 impairment points. However, it was not necessary for the Tribunal to consider the Applicant's mental health condition or the "continuing inability to work" criterion, as the Applicant did not meet the threshold of 20 impairment points based on the lower limb condition alone. Consequently, the Applicant did not qualify for the disability support pension, and the previous decision was affirmed.