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

This matter concerned an appeal by Mr Lee against a decision of the Secretary of the Department of Social Services affirming a decision that he did not qualify for a disability support pension. The Administrative Appeals Tribunal was required to determine whether Mr Lee had an impairment rating of 20 points or more under the relevant Impairment Tables during the qualification period, and if so, whether he had a continuing inability to work.

The Tribunal considered the requirements of section 94 of the Social Security Act 1991 (Cth) for qualification for a disability support pension, which include having a physical, intellectual or psychiatric impairment of 20 points or more under the Impairment Tables and a continuing inability to work. The Impairment Determination stipulated that an impairment rating could only be assigned if the condition was permanent, meaning it was fully diagnosed, fully treated, fully stabilised, and likely to persist for more than two years. Furthermore, corroborating evidence was required, with self-report of symptoms alone being insufficient.

The Tribunal found that Mr Lee did not satisfy the criteria for an impairment rating of 20 points or more during the qualification period. Consequently, he failed to meet the requirements of paragraph 94(1)(b) of the Act. As this threshold was not met, it was unnecessary for the Tribunal to consider whether Mr Lee had a continuing inability to work. The decision under review was therefore affirmed.