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

This matter concerned an application for review of a decision affirming the rejection of the applicant's claim for a disability support pension (DSP). The applicant sought a review of the Authorised Review Officer's decision, which had affirmed the original decision that he did not meet the eligibility requirements for a DSP. The Administrative Appeals Tribunal (AAT) had jurisdiction to hear the second review application.

The primary legal issues before the Tribunal were whether the applicant had a physical, intellectual, or psychiatric impairment during the qualification period, and if so, whether that impairment was fully diagnosed, treated, and stabilised, attracting a rating of at least 20 points under the relevant Impairment Tables. Additionally, the Tribunal had to determine if the applicant had a continuing inability to work. These criteria are conjunctive, meaning all must be satisfied for a DSP to be granted.

The Tribunal found that while the applicant's chronic lumbar back pain was fully diagnosed, it was not fully treated and stabilised. Consequently, an impairment rating could not be assigned. As the criteria for qualification for a DSP under section 94(1) of the Social Security Act 1991 (Cth) are conjunctive, the applicant failed to meet the requirements. The Tribunal affirmed the previous decision.