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

This matter concerned an appeal to the Administrative Appeals Tribunal (AAT) by Ms. Issa against the decision of the Secretary, Department of Social Services, to cancel her Disability Support Pension (DSP). The dispute centred on whether Ms. Issa remained qualified for the DSP as at 3 November 2015, the date of cancellation, based on her various medical conditions.

The AAT was required to determine whether Ms. Issa had impairments that met the criteria for DSP. Specifically, the Tribunal had to assess if her impairments were fully diagnosed, treated, and stabilised, and if so, what ratings they would receive under the Impairment Tables. The ultimate question was whether these impairments, in combination, resulted in a rating of 20 points or more and demonstrated a continuing inability to work, as defined by the Social Security Act 1991 (Cth).

The Tribunal found that while Ms. Issa suffered from several conditions, including congenital heart disease, her lumbar spine condition was not fully diagnosed, treated, and stabilised at the date of cancellation. This was due to new findings on CT scans indicating a disc bulge that could impact nerve roots, which had not been subject to specialist examination. Consequently, the lumbar spine condition could not be rated under the Impairment Tables. Regarding her congenital heart disease, the Tribunal assessed it under Table 1 of the Impairment Tables, concerning Physical Exertion and Stamina. The evidence indicated only a mild functional impact, qualifying for 5 points, which was insufficient to meet the 20-point threshold.

Given that the impairments did not meet the required threshold under the Impairment Tables, Ms. Issa did not satisfy the criteria for a DSP. The AAT therefore affirmed the decision to cancel her pension.