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

The Administrative Appeals Tribunal considered a dispute between Mr Low and the Secretary of the Department of Social Services concerning Mr Low's claim for a disability support pension. Mr Low was aggrieved by the rejection of his claim, believing his medical condition had not improved since a previous unsuccessful application.

The Tribunal was required to determine whether Mr Low's medical conditions were fully diagnosed, treated, and stabilised during the relevant qualification period, whether he attracted an impairment rating of at least 20 points under the Social Security Act 1991 (Cth), and whether he had a continuing inability to work.

The Tribunal acknowledged Mr Low's genuine recollection of his condition remaining unchanged, but found that the available medical reports indicated a significant worsening of his condition in 2018, after the qualification period. Based on these reports, the Tribunal concluded that the criteria for a disability support pension were not met during the relevant period. The Tribunal affirmed the decision under review.