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

The Administrative Appeals Tribunal (AAT) considered the appeal of an applicant seeking a disability support pension (DSP) against a decision by the Secretary of the Department of Social Services to reject his claim. The applicant listed several conditions including hypertension, depression, anterolisthesis of L5/S1, and osteoarthritis of the knees. The core dispute revolved around whether the applicant's medical conditions met the criteria for a DSP, specifically whether they were fully diagnosed, fully treated, and fully stabilised, and whether they resulted in an impairment rating of 20 points or more under the relevant Impairment Tables.

The Tribunal was required to determine if the applicant's various medical conditions were fully diagnosed, fully treated, and fully stabilised during the relevant period. Furthermore, it needed to assess whether the applicant's impairments, when evaluated against the Impairment Tables, reached the threshold of 20 points or more, which is a prerequisite for receiving a DSP. The Tribunal also considered whether the applicant had a continuing inability to work 15 hours or more per week due to his impairments.

The Tribunal found that the applicant's adjustment disorder with depressed mood was fully diagnosed, treated, and stabilised, but insufficient evidence was presented regarding its functional impact, resulting in zero points under Table 5. The applicant's lumbar spine condition was also found to be fully diagnosed, treated, and stabilised, causing a mild functional impairment and attracting 5 points under Table 4. However, the Tribunal determined that the applicant's other conditions were not fully diagnosed, treated, or stabilised during the relevant period, and therefore could not be considered permanent for the purposes of the Impairment Tables. Consequently, the Tribunal concluded that the applicant's impairments did not attract more than 20 points. The decision under review was affirmed.