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

This matter concerned an appeal by an applicant against a decision of the Secretary, Department of Social Services, affirming a decision that the applicant did not qualify for a disability support pension (DSP). The applicant claimed to have several conditions, including epilepsy, post-traumatic stress disorder, chronic pain syndrome, sleep apnoea, and left arm conditions, which he contended attracted 20 or more impairment points. The Administrative Appeals Tribunal was required to determine whether the applicant's conditions were fully diagnosed, treated, and stabilised during the relevant period, and if so, whether they attracted the requisite number of impairment points.

The Tribunal considered whether the applicant had physical, intellectual, or psychiatric impairments under subsection 94(1)(a) of the relevant Act. The respondent conceded that the applicant suffered from such impairments, a concession the Tribunal found to be appropriately made given the evidence. The central legal issue then became the assessment of impairment points attributable to each of the applicant's conditions, specifically whether they were fully diagnosed, treated, and stabilised as at the date of the DSP claim.

The Tribunal's reasoning focused on the requirement for conditions to be fully diagnosed, treated, and stabilised to attract impairment points. For the applicant's Grand Mal Epilepsy, while accepted as fully diagnosed, the evidence indicated it was not fully treated or stabilised. Medical records showed ongoing adjustments to medication and referrals for further specialist assessment and treatment, suggesting that the condition was still undergoing active management rather than being stabilised. Similar considerations applied to other claimed conditions, leading the Tribunal to conclude that no impairment points could be attributed to the applicant's conditions during the relevant period.

Consequently, the Tribunal found that the applicant did not qualify for a DSP because his claimed impairments did not attract any impairment points during the relevant period. The decision under review was affirmed. The Tribunal noted that the applicant's conditions might be capable of being regarded as fully treated and stabilised at a later date, potentially leading to a more favourable outcome in a fresh application.