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

This matter concerned an appeal by Mr Geach against the decision of the Administrative Appeals Tribunal (AAT) affirming the Secretary, Department of Social Services' decision to reject his claim for a Disability Support Pension (DSP). Mr Geach applied for the DSP on the basis of depression, myocardial infarction, and arthritis, asserting these conditions rendered him unable to work.

The primary legal issue before the Tribunal was whether Mr Geach met the eligibility criteria for a DSP during the relevant qualification period. This required determining the appropriate impairment rating for his diagnosed conditions, specifically considering whether the evidence available at the time of his application supported a finding of severe functional impairment.

The Tribunal considered the evidence, including a Joint Case Assessment (JCA) conducted shortly after Mr Geach's application. This JCA concluded that Mr Geach's depression and arthritis were fully diagnosed, treated, and stabilised, assigning zero impairment points due to a lack of evidence regarding their functional impact. While Mr Geach contended his conditions had worsened, the Tribunal applied the principle that it could not use evidence of progression occurring after the qualification period to award a DSP. Although Mr Geach was found to be a credible witness and his reported inability to walk 3km was accepted, the evidence supporting a higher impairment rating for his heart condition was not available until after the qualification period had ended.

Consequently, the Tribunal found that the evidence available during the qualification period was insufficient to establish that Mr Geach had an impairment rating of 20 points or more, which is a requirement for DSP eligibility under section 94(1)(b) of the relevant Act. Therefore, Mr Geach's claim could not succeed, and the AAT's decision affirming the rejection of his claim was upheld.