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

The Administrative Appeals Tribunal (AAT) considered the case of Leitch and the Secretary, Department of Social Services, concerning an application for a Disability Support Pension. The applicant sought to establish eligibility for the pension based on a range of physical and mental health conditions, including spinal, upper and lower limb, mental health, and heart conditions. The central dispute revolved around whether these conditions met the criteria for a Disability Support Pension under the relevant social security legislation.

The Tribunal was required to determine several key legal issues. These included whether the applicant's various medical conditions were fully diagnosed, fully treated, and fully stabilised within the relevant qualification period. Furthermore, the Tribunal had to assess whether the applicant's impairments, when considered collectively and in accordance with the Impairment Tables, resulted in a disability rating of 20 points or more. Finally, the Tribunal needed to consider whether the applicant had a continuing inability to work and whether they had participated in a Program of Support.

In reaching its decision, the Tribunal applied the principles of the *Social Security Act 1991* (Cth) and the associated Impairment Tables. The Tribunal found that while the applicant had a number of diagnosed conditions, the evidence did not establish that these conditions were fully treated and stabilised within the qualification period. Crucially, the Tribunal determined that when considering the applicant's impairments in their fully diagnosed, treated, and stabilised state, the overall impairment rating was nil points. Consequently, the applicant did not meet the threshold for a 20-point impairment or a continuing inability to work. The decision under review, which affirmed the rejection of the Disability Support Pension application, was therefore affirmed by the Tribunal.