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

This matter concerned an application for a Disability Support Pension, with the applicant, Mani, appealing the rejection of his claim by the Secretary of the Department of Social Services. The core of the dispute revolved around whether the applicant's medical conditions met the criteria for the pension during the relevant qualification period. The decision was made by Linda Kirk SM.

The legal issues before the court were threefold: firstly, whether the applicant had a physical, intellectual, or psychiatric impairment for the purposes of the Social Security Act 1991 (Cth) during the qualification period; secondly, whether the applicant's conditions were fully diagnosed, treated, and stabilised and attracted an impairment rating of at least 20 points on the Impairment Tables; and thirdly, whether the applicant had a continuing inability to work as defined by the Act.

The Tribunal found that the applicant did have physical, intellectual, or psychiatric impairments during the qualification period, satisfying the first limb of the test. However, regarding the second issue, the Tribunal considered the applicant's osteoarthritis of both feet with metatarsalgia. While satisfied that this condition was fully diagnosed, treated, and stabilised, the Tribunal determined that it attracted no more than 10 impairment points under Table 3 of the Impairment Tables. This was based on the applicant's ability to walk short distances, climb stairs with assistance, use public transport, and move with a walking stick, as well as evidence of limited standing time and difficulty walking long distances. Consequently, the applicant did not meet the threshold of 20 impairment points required by paragraph 94(1)(b) of the Act.

As the applicant failed to satisfy the requirement of having an impairment rating of at least 20 points from fully diagnosed, treated, and stabilised conditions, the Tribunal affirmed the reviewable decision. The Tribunal noted that the applicant could make a new claim once further investigations and treatment were completed and certified by qualified practitioners.