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

This matter concerned an appeal by the applicant, Mr. Krejcir, against a decision by the Secretary of the Department of Social Services to reject his claim for a disability support pension. The Administrative Appeals Tribunal (AAT) was tasked with reviewing this decision.

The primary legal issues before the Tribunal were whether the applicant's medical conditions were fully diagnosed, treated, and stabilised during the relevant qualification period, and whether these conditions attracted an impairment rating of at least 20 points, as required for eligibility for the disability support pension.

The Tribunal considered the medical evidence presented, including reports from treating doctors and specialists. It applied the principles set out in the Social Security Act 1991 and relevant legislative instruments concerning the assessment of disability for pension purposes. The Tribunal found that while the applicant had various medical conditions, they were not, at the relevant time, considered to be fully diagnosed, treated, and stabilised to the extent required by the legislation. Furthermore, the Tribunal determined that the assessed level of impairment did not meet the threshold of 20 points.

Consequently, the Tribunal affirmed the decision under review, finding that the applicant did not satisfy the eligibility criteria for a disability support pension.