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

This matter concerned an appeal by Mr Laming against a decision of the Secretary of the Department of Social Services regarding his eligibility for a Disability Support Pension. The central dispute revolved around whether Mr Laming's impairments attracted a rating of 20 or more points under the relevant impairment tables, as required by section 94(1)(b) of the Social Security Act 1991 (Cth). The Administrative Appeals Tribunal was required to determine the extent of Mr Laming's functional impairment during the qualification period.

The Tribunal considered several medical conditions reported in a Job Capacity Assessment, including sleep apnoea, morbid obesity, diabetes, hypertension, a gastroenterological condition (reflux), and a kidney disorder. The legal issues were whether these conditions constituted "impairments" for the purposes of the Act, and if so, whether they attracted an impairment rating of 20 or more points. Specifically, the Tribunal had to assess whether the conditions were fully diagnosed, fully treated, and fully stabilised during the qualification period, and whether they impacted Mr Laming's functional capacity.

The Tribunal found that while Mr Laming suffered from several impairments, including sleep apnoea, morbid obesity, hypertension, reflux, and kidney stones, the evidence did not establish that his diabetes affected his functional capacity during the qualification period. Furthermore, there was insufficient evidence regarding the diagnosis, treatment, and stabilisation of his anaemia condition to assign an impairment rating. Regarding his anxiety, the Tribunal noted that a diagnosis by a qualified medical practitioner, such as a psychiatrist, was required for an impairment rating under Table 5, and Mr Laming had not received such a diagnosis during the qualification period. Consequently, the Tribunal concluded that Mr Laming's impairments did not attract the required 20 or more points.