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

This matter concerned an appeal by the applicant, McDonald, against a decision of the Secretary of the Department of Social Services concerning his eligibility for a disability support pension. The core of the dispute revolved around whether the applicant's medical conditions met the criteria for a disability support pension, specifically whether they attracted 20 points or more under the relevant impairment tables and whether he had a continuing inability to work. The decision was made by D Mitchell M.

The legal issues before the Tribunal were twofold: first, whether the applicant's medical conditions attracted 20 points or more under the Impairment Tables during the relevant period; and second, if so, whether he had a continuing inability to work. The Tribunal was required to assess the applicant's conditions, including epilepsy, bilateral inguinal hernia, lower limb conditions, thyroid conditions, and a mental health condition, against the specific requirements of section 94(1)(b) of the Social Security Act 1991 (Cth), which mandates that conditions must be fully diagnosed, fully treated, and fully stabilised to attract points.

The Tribunal's reasoning focused on the applicant's epilepsy, finding that it was fully diagnosed, treated, and stabilised during the relevant period, and therefore attracted zero points under Table 15. While acknowledging the applicant's pain and mobility limitations from his hernia and lower limb conditions, the Tribunal found these were not fully treated or stabilised, nor was his mental health condition. Consequently, these conditions could not be considered permanent for the purposes of assigning a rating. As the applicant's impairments did not attract more than 20 points under the Impairment Tables, the Tribunal concluded that the second limb of the test, concerning the inability to work, did not need to be considered. The decision under review was affirmed.