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

The Administrative Appeals Tribunal considered an application by Mr. Kim for a disability support pension, which had been refused by the Secretary of the Department of Social Services. Mr. Kim claimed to suffer from Post-Traumatic Stress Disorder, thyroid cancer, and chronic back pain.

The Tribunal was required to determine whether Mr. Kim's impairments met the threshold of 20 points or more under the Impairment Tables, as stipulated by section 94(1)(b) of the Social Security Act 1991 (Cth), to qualify for a disability support pension. The specific legal issues involved assessing the functional impact of his claimed conditions, particularly his back pain, against the criteria in Table 4 – Spinal Function.

The Tribunal accepted the evidence regarding Mr. Kim's back pain, finding it consistent with other material before it. Based on the criteria in Table 4, the Tribunal determined that Mr. Kim's spinal function experienced a mild functional impact, attracting an impairment rating of five points. However, this rating, when considered in conjunction with the evidence presented for his other claimed conditions, did not reach the required 20-point threshold. Consequently, the Tribunal affirmed the decision under review, finding Mr. Kim not entitled to a disability support pension.