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

This matter concerned an appeal by Mr Haidari against a decision by the Secretary of the Department of Social Services regarding his eligibility for a disability support pension. The Administrative Appeals Tribunal was tasked with determining whether Mr Haidari's medical conditions met the criteria for the pension during the relevant assessment period.

The primary legal issues before the Tribunal were whether Mr Haidari's medical conditions were fully diagnosed, fully treated, and fully stabilised within 13 weeks of his claim, and whether these conditions warranted an impairment rating of at least 20 points under the Impairment Tables. The Impairment Tables are used to assess the functional impact of impairments, and a prerequisite for assigning an impairment rating is that the condition must be permanent, meaning it is more likely than not to persist for more than two years and has been fully diagnosed, treated, and stabilised.

The Tribunal considered Mr Haidari's upper limb condition, specifically a right shoulder injury sustained in 2008. While the Secretary conceded that this condition was fully diagnosed, treated, and stabilised during the assessment period, the Tribunal ultimately found that Mr Haidari's impairments, with a total of 15 impairment points, did not attract the required minimum rating of 20 points under the Impairment Tables. Consequently, Mr Haidari did not meet the requirements of section 94(1)(b) of the relevant Act and was therefore not qualified for the disability support pension during the assessment period.

The Tribunal set aside the decision under review and substituted a new decision finding that Mr Haidari was not qualified for a disability support pension during the relevant assessment period.