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

This matter concerned an appeal by Mr Kokinovic against a decision of the Secretary, Department of Social Services, affirming a decision that he was not eligible for a disability support pension. The dispute centred on whether Mr Kokinovic's various medical conditions, including a left elbow injury, psychological conditions, chronic tinnitus, and chronic pain syndrome, were fully diagnosed, treated, and stabilised during the relevant claim period, as required for the assessment of impairment ratings under the Social Security Act 1991. The decision was made by J F Toohey SM in the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine the extent to which Mr Kokinovic's diagnosed conditions met the criteria of being fully diagnosed, treated, and stabilised during the claim period. This determination was crucial for assigning impairment ratings according to the Impairment Tables. If the total impairment rating did not reach 20 points or more, Mr Kokinovic's claim for a disability support pension could not succeed, and it would also be unnecessary to consider the separate requirement of a continuing inability to work.

The Tribunal found that while Mr Kokinovic's left elbow condition and tinnitus were fully diagnosed, treated, and stabilised, attracting a five-point rating each, his psychological condition and peripheral vascular disease, though fully diagnosed, were not fully treated and stabilised. Other conditions had minimal impact. As the total impairment rating did not reach the threshold of 20 points, the claim for a disability support pension could not succeed. The Tribunal also noted that, in any event, Mr Kokinovic had not completed a program of support, which is generally a prerequisite for establishing a continuing inability to work, unless a severe impairment of 20 or more points is established. Consequently, the decision under review was affirmed.