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

This matter concerned an appeal by the applicant, Ms Katovic, against the Secretary of the Department of Social Services' decision to refuse her claim for a disability support pension. The core of the dispute revolved around whether the applicant's various medical conditions, including chronic lower back pain and asthma, resulted in an impairment rating of 20 points or more under the relevant Impairment Tables, as required for eligibility for the pension. The Administrative Appeals Tribunal reviewed the medical and applicant's evidence to determine this question.

The legal issues before the Tribunal were whether the applicant's conditions, specifically her lower back pain and asthma, met the threshold of a 20-point impairment under the Impairment Tables. The Tribunal was required to assess the severity of these conditions and their impact on the applicant's functional capacity, considering the evidence presented by both the applicant and medical professionals. The Tribunal also considered other claimed conditions, such as gastric reflux and left wrist pain, to determine if they contributed to a severe impairment.

The Tribunal's reasoning focused on the evidence presented regarding the applicant's lower back pain and asthma. While acknowledging the applicant's subjective experience of pain and discomfort, the Tribunal found that the evidence did not establish that these conditions, or any other claimed condition, resulted in a severe impairment meeting the 20-point requirement under the Impairment Tables. Specifically, the Tribunal was not satisfied that the applicant's gastric reflux or left wrist pain caused severe impairment during the relevant period. Consequently, as the threshold impairment level was not met, the Tribunal did not need to consider other eligibility requirements under the Social Security Act 1991. The Tribunal affirmed the decision under review.