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

This matter concerned an application for a Disability Support Pension (DSP) by Mr McDonald, a 61-year-old man residing in regional Victoria. The dispute centred on whether Mr McDonald met the legislative requirements for DSP, specifically concerning the nature and severity of his impairments and his capacity to work. The decision was made by Ms Anna Burke, a Member of the Administrative Appeals Tribunal.

The legal issues before the Tribunal were whether Mr McDonald suffered from a physical, intellectual, or psychiatric impairment; whether he had a diagnosed condition that was fully diagnosed, treated, and stabilised, and likely to continue for at least two years; whether this condition attracted 20 points or more under the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011 (the Impairment Tables); and whether he had a continuing inability to work. Mr McDonald’s cited conditions included gross lymphoedema of the left leg and a mild neurocognitive disorder.

The Tribunal considered the evidence, including medical reports from Mr McDonald’s general practitioner and specialist assessments. While acknowledging that Mr McDonald suffered from gross lymphoedema and neurocognitive disorder, the Tribunal found that at the time of his DSP application, his impairments did not meet the threshold of 20 points under a single Impairment Table. Specifically, the Tribunal noted that despite the severity of his lymphoedema, it did not prevent him from walking into a shop, standing from a seated position without assistance, or using a walking aid or wheelchair, as required for higher point allocations under Table 3. Furthermore, the Tribunal determined that Mr McDonald did not demonstrate a continuing inability to work and had not met the program of support requirements.

Consequently, the Tribunal affirmed the decision to refuse Mr McDonald’s DSP application. The decision under review, which found that Mr McDonald did not qualify for the DSP on 9 August 2015, was upheld.