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

This matter concerned an application for a disability support pension, brought by the Applicant against the Secretary, Department of Social Services. The core of the dispute revolved around whether the Applicant met the legislative requirements for the pension, specifically concerning the severity and stability of his medical conditions during the relevant period. The decision was made by Nolan SM in the Administrative Appeals Tribunal.

The legal issues before the Tribunal were whether the Applicant had conditions that were fully diagnosed, treated, and stabilised during the relevant period, and whether these conditions attracted an impairment rating of 20 points or more under the Impairment Tables, as required by section 94(2) of the Social Security Act 1991. The Tribunal was also required to consider if the Applicant had a continuing inability to work, although this was contingent on the satisfaction of the other criteria.

Nolan SM reasoned that while the Applicant's spinal condition was fully diagnosed, it was not fully treated and stabilised during the relevant period. Evidence indicated that the Applicant underwent spinal surgery in July 2016 for progressive cervical myelopathy, and subsequent medical reviews noted significant improvement post-operatively, with recommendations for medication adjustments. Given that the Applicant's conditions did not attract the requisite 20 impairment points during the relevant period, the Tribunal found it unnecessary to consider the remaining criteria for the disability support pension. Consequently, the decision under review was affirmed.