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

This matter concerned an application for a second tier review of a decision by the Secretary, Department of Social Services, to refuse a disability support pension (DSP). The applicant claimed a spinal condition, type 2 diabetes, urinary incontinence, cataracts, and depression. The Administrative Appeals Tribunal (AAT) was required to determine whether these conditions were fully diagnosed, fully treated, and fully stabilised during the qualification period, and whether they attracted a rating of 20 points or more under the relevant Impairment Tables.

The Tribunal considered the evidence regarding the applicant's spinal condition, which involved cervical and lumbar disc protrusions. While the respondent conceded the condition was fully diagnosed and treated, it was asserted that it was not fully stabilised during the qualification period. The Tribunal was satisfied that the spinal condition was fully diagnosed, with medical reports and imaging confirming the nature of the protrusions. Evidence also supported the conclusion that the condition was fully treated, with physiotherapy and analgesic medication being the identified treatments, and further surgery being deemed not warranted. The Tribunal noted that the qualification period for the DSP application commenced on 22 May 2018 and concluded on 21 August 2018.

The Tribunal applied the principles that a decision regarding DSP must be made by reference to the applicant's condition during the qualification period, and that evidence of deterioration after this period is only relevant to the weight given to prognostications made during that time. The core requirements for DSP qualification under section 94(1) of the Social Security Act 1991 were considered, including the necessity for impairments to be fully diagnosed, treated, and stabilised, and likely to persist for more than two years, as well as the severity of the impairment rating. The Tribunal affirmed the decision under review.