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

This matter concerned an application for a Disability Support Pension (DSP) by Mr Muhidin Hadzich against the Secretary, Department of Social Services. The dispute centred on whether Mr Hadzich met the eligibility criteria for the DSP, specifically concerning the severity and stability of his diagnosed medical conditions during a defined qualification period. The decision was made by Senior Member B. Pola of the Tribunal.

The Tribunal was required to determine two primary legal issues. Firstly, whether Mr Hadzich's impairments were fully diagnosed, fully treated, and fully stabilised prior to the qualification period for his DSP application. Secondly, the Tribunal had to assess whether, during that qualification period, Mr Hadzich's impairments resulted in an impairment rating of 20 points or more under the relevant Impairment Tables as stipulated by the Social Security Act 1991 (Cth).

The Tribunal reasoned that for a DSP claim to be successful, the applicant must be qualified during the specified qualification period, and subsequent changes in medical conditions are not relevant to that claim. The Tribunal considered evidence relating to Mr Hadzich's spinal condition, mental health condition, upper limb (shoulder) condition, and hypertension condition. It found that his mental health condition met the criteria for a "moderate" impairment rating under Table 5 – Mental Health Function, assigning 10 points. However, the Tribunal concluded that the evidence did not support an impairment rating of 20 points or more across all relevant conditions when considered together under section 94(1)(b) of the Act.

Consequently, the Tribunal affirmed the decision under review.