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

This matter concerned an appeal by an applicant against a decision to affirm a decision that they did not qualify for a disability support pension. The applicant contended that their medical conditions resulted in chronic pain and functional impairment, and that they met the criteria for the pension. The Secretary of the Department of Social Services argued that the applicant's conditions were not fully treated and stabilised during the relevant period.

The central legal issues before the Tribunal were whether the applicant's medical conditions were fully diagnosed, fully treated, and fully stabilised during the relevant period, and whether these conditions attracted 20 points or more under the relevant impairment tables as required by section 94(1)(b) of the Social Security Act 1991 (Cth). The Tribunal was required to assess the evidence to determine if the applicant's conditions met the threshold for permanent impairment and the requisite level of functional limitation.

The Tribunal reasoned that while the applicant's spinal and diabetes conditions were fully diagnosed, they were not fully treated and stabilised during the relevant period, as evidenced by ongoing referrals for treatment and appointments that were still pending. The Tribunal noted that the applicant's subjective view of stability did not meet the statutory test. Similarly, the applicant's PTSD and other conditions were found not to be fully diagnosed, treated, or stabilised. Consequently, the Tribunal concluded that the applicant's impairments did not attract the necessary 20 points under the Impairment Tables.

Accordingly, the Tribunal affirmed the decision under review, finding that the applicant did not meet the requirements for a disability support pension.