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

This matter concerned an appeal by Mr Kasum against a decision by the Secretary, Department of Social Services, affirming a decision that he was not qualified for Disability Support Pension (DSP). The core dispute revolved around whether Mr Kasum was eligible for DSP on 23 November 2015, the date he lodged his claim, or if he became eligible within the subsequent 13-week period as provided by clause 4(1) of Schedule 2 of the *Social Security (Administration) Act 1999* (Cth). The case was heard by Mr D. J. Morris, a Member of the Tribunal.

The legal issues before the Tribunal were twofold: firstly, whether Mr Kasum possessed a physical, intellectual, or psychiatric impairment that met the criteria for DSP; and secondly, if such an impairment existed, what was the correct rating under the Impairment Tables, considering the requirement for the condition to be permanent and likely to persist for more than two years. The Tribunal was required to determine if Mr Kasum satisfied all the conjunctive requirements of section 94(1) of the Act within the relevant claim period.

The Tribunal found that Mr Kasum did suffer from a range of impairments, including osteoarthritis of the knees, a heart condition, morbid obesity, type 2 diabetes, sleep apnoea, hypertension, hypercholesterolemia, gastritis, lower back pain, and a depressive condition. However, the critical finding was that Mr Kasum did not satisfy each part of section 94(1) of the Act within the claim period. Consequently, the Tribunal affirmed the original decision, concluding that Mr Kasum was not qualified for DSP at the time of his claim.