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

This matter concerned an application for review of a decision to reject Mr Hanson's claim for a Disability Support Pension (DSP). The Administrative Appeals Tribunal (AAT) was required to determine whether Mr Hanson was qualified for DSP during the period of 21 December 2017 to 22 March 2018. The Secretary, Department of Social Services, was the respondent.

The legal issues before the Tribunal were whether, during the qualification period, Mr Hanson had a physical impairment, whether that impairment attracted an impairment rating of at least 20 points under the Impairment Tables, and whether he had a continuing inability to work. For an impairment to be considered permanent for the purposes of the Impairment Tables, it must have been fully diagnosed, fully treated, fully stabilised, and likely to last for more than two years.

The Tribunal affirmed the decision of the Administrative Appeals Tribunal dated 3 May 2019. The Tribunal found that while Mr Hanson had physical impairments during the qualification period, the respondent contended, and the Tribunal was satisfied, that he did not have an impairment rating of 20 or more points. This was because the conditions were not considered to be permanent as they had not been fully treated and stabilised within the meaning of the Impairment Tables. The Tribunal reiterated a previous note that if Mr Hanson's circumstances altered or he obtained new evidence confirming his conditions were thoroughly investigated, optimally treated, and stabilised, he might consider lodging a fresh claim.