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

This matter concerned an application for a Disability Support Pension (DSP) by the Applicant, who claimed entitlement based on several medical conditions including right ankle arthritis, lower back pain, depression, tears in the tendons of his left shoulder, and narrowing of discs in his cervical spine. The Secretary of the Department of Social Services opposed the claim. The Administrative Appeals Tribunal (AAT) was required to determine whether the Applicant was entitled to DSP.

The primary legal issues before the Tribunal were whether the Applicant's impairments attracted 20 points or more under the Impairment Tables, and if so, whether he had a continuing inability to work. Crucially, for an impairment to attract points under the Impairment Tables, the relevant medical condition must be fully diagnosed, fully treated, and fully stabilised, and be more likely than not to persist for more than two years.

The Tribunal considered the evidence, including medical reports and the Applicant's own admissions. It found that while the Applicant's right knee, spinal, and shoulder conditions were fully diagnosed, they were not fully treated and stabilised during the relevant period, thus preventing the assignment of impairment points. Similarly, the Applicant's left knee and mental health conditions were found not to be fully diagnosed, treated, or stabilised. Consequently, the Tribunal concluded that the Applicant's impairments did not attract 20 points or more under the Impairment Tables.

As the threshold of 20 impairment points was not met, the Tribunal affirmed the decision under review, finding the Applicant ineligible for the DSP.