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

This matter concerned an application for a disability support pension by Mr Michael Khan against the Secretary of the Department of Social Services. Mr Khan sought to have his application for a disability support pension granted, while the Secretary contended that certain of his impairments did not meet the criteria for qualification. The Administrative Appeals Tribunal was required to determine whether Mr Khan's various impairments qualified him for the pension.

The primary legal issues before the Tribunal were whether Mr Khan's impairments, specifically his upper limb conditions, lower back pain, skin allergies, and depression and anxiety, were fully diagnosed, treated, and stabilised during the relevant claim period. If these conditions were found to be fully diagnosed, treated, and stabilised, the Tribunal then needed to assess whether they attracted 20 points or more under the relevant Impairment Tables.

The Tribunal found that Mr Khan's upper limb impairments (right shoulder pain, right elbow and wrist pain) and his lower back pain were indeed fully diagnosed, treated, and stabilised during the claim period. However, after considering Mr Khan's evidence regarding his ability to perform daily tasks and care for his mother using his left arm and hand, the Tribunal concluded that these upper limb impairments did not attract the requisite 20 points under the Impairment Tables. The Tribunal did not need to determine if the remaining impairments (skin allergies, depression, and anxiety) were fully diagnosed, treated, and stabilised, nor did it need to assess them under the tables, as the upper limb and back impairments were insufficient on their own. Consequently, the decision under review, which affirmed the refusal of the disability support pension, was upheld.