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

This matter concerned an appeal by Mr Manasse against a decision of the Secretary of the Department of Social Services affirming a decision to refuse him a Disability Support Pension. The central dispute revolved around whether Mr Manasse's impairments attracted a rating of 20 or more points under the relevant Impairment Tables, as required by the Social Security Act 1991 (Cth). The Administrative Appeals Tribunal was tasked with determining this question.

The legal issues before the Tribunal were twofold: firstly, whether Mr Manasse suffered from impairments for the purposes of the Act at the qualification date, and secondly, whether these impairments attracted an impairment rating of 20 or more points under section 94(1)(b) of the Act. The assessment of impairment ratings is function-based and requires that the condition causing the impairment be permanent, meaning it has been fully diagnosed, treated, stabilised, and is likely to persist for more than two years.

The Tribunal considered medical evidence from various practitioners, including Dr Georgius, Dr Fitzgerald, and Mr Manasse's long-term general practitioner, Dr Wren. While the Secretary accepted that Mr Manasse suffered from impairments, the critical question was the severity and functional impact of these impairments. The Tribunal noted that a condition is considered fully stabilised if reasonable treatment is unlikely to lead to significant functional improvement enabling work within two years, or if no significant improvement is expected even with reasonable treatment, or if there is a compelling reason not to undertake treatment. The evidence presented, particularly from Dr Wren, indicated significant functional impacts on Mr Manasse's ability to work, carry objects, use public transport, and manage daily activities, including the need for assistance and the use of crutches.

Ultimately, the Tribunal affirmed the decision under review, finding that Mr Manasse's impairments did not attract the required 20 or more points under the Impairment Tables.