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

This matter concerned an appeal by Ms Kuzmanovic against a decision of the Administrative Appeals Tribunal (AAT) which affirmed a decision by the Department of Social Services (DSS) to refuse her claim for a disability support pension (DSP). The core of the dispute revolved around whether Ms Kuzmanovic's impairments met the threshold required for DSP qualification under the relevant legislation.

The legal issues before the court were whether Ms Kuzmanovic's impairments attracted the requisite 20 points under the Impairment Tables, and whether she had a continuing inability to work. The court was required to consider the definition of "impairment" under the Impairment Table Rules, which specifies that an impairment rating can only be assigned if the condition causing the impairment is fully diagnosed, treated, and stabilised, and is likely to persist for more than two years. Furthermore, the court had to determine the relevant period for assessing qualification for DSP, which is the 13 weeks following the date of claim.

The AAT had awarded Ms Kuzmanovic a total of 10 impairment points, finding that her diabetes and spinal disorder each attracted 5 points. However, the AAT was not satisfied that her depression and upper limb conditions were fully diagnosed, treated, and stabilised, and found insufficient evidence for her hypothyroidism and high cholesterol. Consequently, the AAT concluded that Ms Kuzmanovic did not meet the 20-point threshold for DSP. The court affirmed the AAT's decision, finding that Ms Kuzmanovic's impairments did not attract the necessary 20 points under the Impairment Tables within the relevant 13-week period following her claim, and therefore she did not qualify for DSP.