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

This matter concerned an appeal by Mr Gazawe against a decision by the Secretary of the Department of Social Services to affirm a decision that he did not qualify for a disability support pension. The appeal was heard by Dr I Alexander, a Member of the Tribunal.

The Tribunal was required to determine whether Mr Gazawe suffered from a "severe impairment" during the relevant claim period, as defined by the Social Security Act 1991 (Cth). This involved assessing whether his various medical conditions, including spinal, mental health, and upper limb impairments, met the criteria for a rating of 20 points or more under the Impairment Tables, and whether these conditions were fully diagnosed, treated, and stabilised.

The Tribunal found that while Mr Gazawe's spinal condition could warrant a 10-point rating, the evidence did not demonstrate a severe functional impact. Regarding his mental health condition, a 10-point rating was considered appropriate, but again, there was insufficient evidence of a severe functional impact. For his upper limb conditions, the Tribunal concluded there was insufficient evidence to establish that they were fully diagnosed, treated, and stabilised to the extent that a rating could not be applied. Ultimately, the Tribunal was not satisfied that Mr Gazawe had a severe impairment, nor that he had actively participated in a program of support, and therefore did not meet the requirements for a disability support pension under section 94(1)(c) of the Act. The decision under review was affirmed.