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

This matter concerned an appeal by Mr Farres against a decision to reject his claim for a Disability Support Pension. Mr Farres, who had a history of back injuries, diabetes with complications including a toe amputation and ongoing ulceration, and cardiomyopathy, argued that his multiple medical conditions rendered him unable to work. The Secretary, Department of Social Services, contended that Mr Farres did not meet the legislative criteria for the pension.

The Administrative Appeals Tribunal was required to determine whether Mr Farres had a physical impairment of 20 points or more under the Impairment Tables, and whether he had a continuing inability to work or was participating in a supported wage system. The Tribunal considered the various medical conditions presented by Mr Farres, including his spinal disorder, diabetes and its complications, and cardiomyopathy, and assessed their impact on his functional capacity and work ability.

The Tribunal found that while Mr Farres had numerous medical conditions, the initial assessment by the Job Capacity Assessor (JCA) resulted in a low impairment rating due to a lack of detailed medical reports and physical examination findings. The Tribunal, however, reassessed the impairment rating, assigning points for his cardiomyopathy and the complications of his diabetes, including the amputation of his left great toe and the ongoing ulceration of his right great toe. Despite this reassessment, the Tribunal concluded that Mr Farres did not satisfy the threshold of 20 impairment points required by section 94(1)(b) of the *Social Security Act 1991*. Furthermore, the Tribunal found that Mr Farres had not demonstrated a continuing inability to work, noting his referral to an employment assistance program.

The Tribunal affirmed the decision under review, finding that Mr Farres did not meet the criteria for a Disability Support Pension.