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

This matter concerned an application for a disability support pension by Mr King against the Secretary of the Department of Social Services. The dispute centred on whether Mr King met the criteria for the pension, specifically regarding the severity of his impairments and his continuing inability to work. The decision was made by Dr I Alexander, Senior Member, of the Administrative Appeals Tribunal.

The Administrative Appeals Tribunal was required to determine whether Mr King suffered an impairment of 20 points or more under a single Impairment Table during the qualification period, and if so, whether he had a continuing inability to work. This involved assessing whether his chronic right leg cellulitis and gastrointestinal disturbance met the criteria for permanence, diagnosis, treatment, and stabilisation as defined by the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011. The Tribunal also had to consider whether Mr King had actively participated in a program of support, as required for a continuing inability to work if his impairment was not deemed severe.

The Tribunal reasoned that for an impairment rating to be assigned, the condition must be permanent, meaning it is fully diagnosed, treated, stabilised, and likely to persist for more than two years. Furthermore, corroborating evidence of impairment is necessary, and self-reported symptoms alone are insufficient. The Respondent accepted Mr King had chronic right leg cellulitis and a gastrointestinal disturbance. However, the Respondent contended the gastrointestinal disturbance was not fully diagnosed, treated, and stabilised, and therefore could not attract an impairment rating. The Respondent also argued that the chronic right leg cellulitis attracted only 10 points under Impairment Table 3, falling short of the required 20 points.

As Mr King did not satisfy the requirement of having an impairment of 20 points or more under a single Impairment Table during the qualification period, the Tribunal found it unnecessary to consider whether he had a continuing inability to work. Consequently, the Tribunal affirmed the decision under review, concluding that Mr King did not qualify for the disability support pension.