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

This matter concerned an appeal by the applicant, Mr. Johnson, against a decision of the Secretary of the Department of Social Services to refuse him a Disability Support Pension. The review was heard by Senior Member P E Nolan.

The primary legal issues before the Tribunal were whether the applicant's medical conditions were fully diagnosed, treated, and stabilised during the relevant period, and whether these conditions resulted in a level of impairment equivalent to at least 20 impairment points as prescribed by the Social Security Act 1991 (Cth) and its associated legislation. The applicant's claimed conditions included ischaemic heart disease, chronic obstructive pulmonary disease, and a spinal disorder.

Senior Member Nolan found that the applicant's conditions were not permanent for the purposes of the Act, as they had not reached a point where they were unlikely to substantially change. Consequently, the Tribunal was unable to assign an impairment rating to the applicant's conditions. The decision under review was therefore affirmed.