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

This matter concerned an appeal by Fenton against a decision of the Secretary of the Department of Social Services (DSS) affirming a determination that Fenton was not eligible for a Disability Support Pension (DSP). The appeal was heard by Ms S Taglieri SC, Member, of the Administrative Appeals Tribunal (AAT).

The primary legal issues before the Tribunal were whether Fenton's medical conditions were fully diagnosed, treated, and stabilised, and whether these conditions resulted in an impairment of 20 points or more under the relevant Impairment Tables. The Tribunal was also required to consider whether Fenton had a continuing inability to work.

The Tribunal considered the medical evidence presented, including reports from treating doctors and specialists. It applied the criteria set out in the Social Security Act 1991 (Cth) and the relevant Impairment Tables. The Tribunal found that while Fenton had various medical conditions, they were not considered to be fully diagnosed, treated, and stabilised to the extent required by the legislation. Furthermore, the Tribunal concluded that the assessed level of impairment did not reach the threshold of 20 points, nor was there a continuing inability to work as defined by the Act.

Consequently, the Tribunal affirmed the decision of the Secretary, DSS, that Fenton was not eligible for a Disability Support Pension.