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

This matter concerned an appeal by the applicant against the Secretary of the Department of Social Services' decision to cancel his Disability Support Pension. The dispute centred on whether the applicant's various medical conditions met the criteria for receiving the pension at the time of cancellation, specifically concerning the diagnosis, treatment, and stabilisation of his impairments. The review was heard by A Poljak SM.

The primary legal issues before the court were whether the applicant's impairments were fully diagnosed, treated, and stabilised at the date of cancellation, and whether these impairments, when assessed under the Impairment Tables, resulted in a rating of 20 points or more. This assessment was crucial for determining if the applicant continued to satisfy the requirements for the Disability Support Pension under the relevant provisions of the Social Security (Administration) Act 1999 (Cth).

The court considered the definition of "permanent" impairment under the Impairment Tables, which requires a condition to be fully diagnosed, fully treated, fully stabilised, and likely to persist for more than two years. The court noted that for multiple conditions causing a common impairment, a single rating should be assigned to avoid double assessment. Applying these principles, the court found that the applicant's conditions were not fully treated and stabilised at the date of cancellation. Consequently, the applicant's impairments did not achieve the required 20-point threshold under the Impairment Tables.

As the applicant's impairments did not rate 20 or more points on the Impairment Tables, it was not necessary to consider whether he had a continuing inability to work at the date of cancellation. The decision under review was affirmed.