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

This matter concerned an application for a Disability Support Pension (DSP) by McDeniel against the Secretary, Department of Social Services. The applicant sought to establish eligibility for the DSP during a specified qualification period, citing a range of conditions including alcohol dependence, GORD, liver cirrhosis, anxiety, back pain, and obesity. The core of the dispute revolved around whether these conditions constituted a physical, mental, or psychiatric impairment that could be assigned relevant impairment ratings, and whether the applicant had a continuing inability to work or was participating in a relevant program of support.

The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for a DSP, specifically focusing on the assessment of his impairments and his capacity to work. This involved considering whether his various health conditions, individually or in combination, resulted in a level of impairment that satisfied the requirements of the Social Security Act 1991 (Cth) for the grant of a DSP.

The Tribunal found that the applicant’s conditions could not be assigned relevant impairment ratings as required by the legislation. Consequently, the Tribunal concluded that the applicant did not satisfy paragraphs 94(1)(b) and (c) of the Act during the relevant qualification period. As a result, the applicant's claim for DSP could not succeed. The decision under review was affirmed.