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

This matter concerned an appeal to the Administrative Appeals Tribunal (AAT) by Mr Gault (the applicant) against a decision by the Secretary of the Department of Social Services to refuse his application for a Disability Support Pension (DSP). The applicant contended that he had a number of medical conditions that qualified him for the DSP.

The primary legal issue before the Tribunal was whether the applicant's medical conditions were fully diagnosed, fully treated, and likely to remain permanently unimpaired, and whether these conditions resulted in an impairment of 20 points or more under the relevant Impairment Tables. The Tribunal was required to assess whether the applicant met the criteria for a DSP based on the evidence presented regarding his physical and mental health impairments.

The Tribunal found that while the applicant had presented evidence of various medical conditions, he had not established that these conditions were either fully treated or stabilised to the extent required by the legislation. Specifically, the Tribunal noted that the medical evidence did not demonstrate that the applicant's impairments reached the threshold of 20 points or more under the Impairment Tables, nor did it confirm that his conditions were in a stable state. Consequently, the Tribunal concluded that the applicant had not satisfied the necessary conditions for the grant of a DSP.