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

The Administrative Appeals Tribunal considered the claim of Mr Kazzi for a disability support pension. Mr Kazzi's claim had been rejected by Centrelink and the Social Services and Child Support Division of the Tribunal. The matter came before the General Division of the Administrative Appeals Tribunal for review.

The central legal issues before the Tribunal were whether Mr Kazzi had, during the relevant claim period, an impairment rating of 20 points or more under the Impairment Tables, and whether he had a continuing inability to work as defined by the Social Security Act 1991 (Cth). To qualify for an impairment rating under the Impairment Tables, a condition must be fully diagnosed, treated, and stabilised, and be more likely than not to persist for more than two years.

The Tribunal found that while Mr Kazzi had impairments during the claim period, the evidence did not establish an impairment rating of 20 points or more. Specifically, regarding his spinal condition, which was accepted as permanent, the Tribunal determined that it warranted a rating of 10 points under Table 4 of the Impairment Tables, rather than the required 20 points. The Tribunal placed greater weight on contemporaneous medical reports from the claim period than on evidence provided approximately 15 months later.

The decision under review was affirmed.