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

This matter concerned an application by Kim Long Huynh for a review of the Administrative Appeals Tribunal's (AAT) decision, which affirmed the Department of Human Services' rejection of his claim for a Disability Support Pension (DSP). The Applicant sought review of the AAT's finding that he did not meet the criteria for DSP, specifically concerning the assessment of his impairments under the relevant Impairment Tables. The qualification period for the claim was from 2 June 2016 to 1 September 2016.

The primary legal issue before the Tribunal was whether the Applicant qualified for DSP on or within 13 weeks after his claim date. This required determining if the Applicant had any physical, intellectual, or psychiatric impairments during the qualification period, whether these impairments, individually or collectively, attracted at least 20 points under the Impairment Tables, and if so, whether he had a severe impairment attracting more than 20 points under a single table or a continuing inability to work. The Respondent accepted the Applicant had impairments under s 94(1)(a) of the *Social Security Act 1991* but disputed that he met the requirements of s 94(1)(b) or (c).

The Tribunal considered the Applicant's various medical conditions, including spinal degenerative disease. While the AAT had previously found four conditions to be fully diagnosed, treated, and stabilised, with three attracting 5 points each, the Tribunal varied this decision. Specifically, it found that the Applicant was not entitled to an impairment rating for his chronic lower limb impairment under Table 3, assigning it 0 points. Consequently, the Tribunal concluded that the Applicant did not achieve the required 20 points under the Impairment Tables. As a result, it was unnecessary to determine whether the Applicant had a continuing inability to work.