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

This matter concerned an appeal by Mr Grady against a decision to cancel his disability support pension. The Secretary of the Department of Social Services had cancelled the pension, and the Administrative Appeals Tribunal affirmed that decision. Mr Grady sought review of the Tribunal's decision in the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Mr Grady's multiple physical and mental health conditions, including alcohol and drug dependency, were fully diagnosed, treated, and stabilised as at 7 June 2016, the date of cancellation. This required the Tribunal to assess whether his conditions met the criteria for a disability support pension, specifically concerning impairment ratings for his lower back and limb conditions.

The Tribunal found that Mr Grady's ability to perform certain daily activities, such as shopping and climbing steps, indicated that his lower limb impairment did not meet the required ten-point threshold. While acknowledging potential limitations in Mr Grady's access to reasonable treatment due to financial circumstances and service availability, the Tribunal was satisfied that reasonable treatment was available to him. Consequently, the Tribunal concluded that Mr Grady's lower back condition was fully diagnosed, treated, and stabilised, assigning it a 10-point impairment rating, and his lower limb condition a maximum of five points. However, the Tribunal was not satisfied that his other conditions were fully diagnosed, treated, and stabilised.

The Tribunal affirmed the decision under review, meaning Mr Grady's disability support pension remained cancelled.