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

This matter concerned an appeal by an applicant against the rejection of his claim for a Disability Support Pension. The Secretary, Department of Social Services, was the respondent. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant's physical and psychiatric impairments met the qualification criteria for the pension, specifically whether his medical conditions were fully diagnosed, fully treated, and fully stabilised during the assessment period, and whether he had an impairment rating of 20 points or more under the relevant Impairment Tables.

The Tribunal considered the applicant's extensive work history in the glass industry, which involved heavy lifting and resulted in multiple workers' compensation claims for injuries to his knees, lower back, and hands, including carpal tunnel syndrome and tendon damage. He also suffered from anxiety and depression, for which he had been receiving treatment from a clinical psychologist for many years. Furthermore, he had been diagnosed with leukaemia and tinnitus with hearing loss. The Tribunal noted that while the applicant was a reliable witness, his evidence regarding the precise status of his conditions during the qualification period was sometimes general.

The Tribunal found that while many of the applicant's conditions were fully diagnosed, there was insufficient evidence to establish that they were fully treated and fully stabilised at the time of his claim or during the qualification period. This was particularly the case for his bilateral knee conditions, tinnitus and hearing loss, and cervical and low back conditions. Despite receiving ongoing treatment such as hydrotherapy, the evidence did not satisfy the Tribunal that these conditions had reached a stable point where no further treatment was expected to improve them. However, the Tribunal was satisfied that the applicant had a continuing inability to work.

Consequently, the Tribunal set aside the previous decision and substituted it with a decision that the applicant met the qualification criteria for a Disability Support Pension. The applicant was to be paid the pension from the date of his claim, provided all other legislative requirements were met.