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

This matter concerned an appeal by the applicant, Mr Krasniqi, against a decision by the Secretary of the Department of Social Services to reject his claim for a disability support pension. The dispute centred on whether Mr Krasniqi's medical conditions met the criteria for permanent impairment under the Social Security Act 1991 (Cth). The review was heard by Senior Member P Nolan.

The primary legal issue before the Tribunal was to determine whether Mr Krasniqi's physical and psychiatric conditions were permanent impairments, as defined by the Act and relevant determinations, and whether these impairments, if permanent, would result in a sufficient level of impairment to qualify him for a disability support pension. Specifically, the Tribunal had to consider if the conditions were fully diagnosed, fully treated, and fully stabilised, and likely to persist for more than two years, and if they would yield at least 20 points under the Impairment Tables.

The Tribunal reasoned that for an impairment to be considered permanent, it must be fully diagnosed, fully treated, and fully stabilised, and more likely than not to persist for over two years. While the applicant's physical condition (fracture to the left calcaneus) and depression were acknowledged as impairments, the Tribunal found a critical lack of evidence regarding the psychiatric condition. There were no reports from a qualified psychiatrist or clinical psychologist to confirm the diagnosis of depression, despite a reference to a report by Dr Tun. Consequently, no points could be assigned to the depression, and it could not be considered fully diagnosed, treated, or stabilised. As the applicant did not satisfy the requirements for permanent impairment under the Act, the Tribunal concluded that he did not qualify for a disability support pension.

The decision to reject the applicant's claim for a disability support pension was affirmed.