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

The Administrative Appeals Tribunal (AAT) considered an application for a Disability Support Pension (DSP) by the Applicant, who had lodged a claim in October 2016. The Secretary of the Department of Social Services opposed the application. The core dispute revolved around whether the Applicant's various medical conditions met the criteria for receiving a DSP, specifically concerning the requirement for conditions to be fully diagnosed, fully treated, and fully stabilised to attract impairment points under the relevant Impairment Tables.

The legal issues before the Tribunal were whether the Applicant's medical conditions were fully diagnosed, fully treated, and fully stabilised during the relevant period, and consequently, whether the Applicant had an impairment rating of 20 points or more under the Impairment Tables. The Tribunal was required to determine if the Applicant met the threshold for a DSP based on these assessments.

The Tribunal reasoned that while some of the Applicant's conditions, such as her spinal condition and carpal tunnel syndrome, were fully diagnosed, they were not fully treated or stabilised during the relevant period, precluding the assignment of impairment points. Similarly, her urinary incontinence, lower limb, mental health, and neuralgia conditions were found not to be fully diagnosed, treated, or stabilised. Although her absent left scapula was diagnosed, treated, and stabilised, its functional impact could not be separated from her carpal tunnel syndrome. As a result, the Tribunal concluded that the Applicant's impairments did not attract the required 20 points under the Impairment Tables. Accordingly, the decision under review to refuse the DSP claim was affirmed.