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

This matter concerned an appeal by the applicant against a decision to affirm the rejection of his claim for a Disability Support Pension (DSP). The applicant contended that his various medical conditions, stemming from a significant accident, rendered him unable to work. The Secretary of the Department of Social Services maintained that the applicant did not meet the eligibility criteria for the DSP. The case was heard by D Mitchell M.

The central legal issue before the Tribunal was whether the applicant's medical conditions were fully diagnosed, fully treated, and fully stabilised, and whether these conditions attracted 20 or more points under the relevant impairment tables as required by section 94(1)(b) of the Social Security Act 1991 (Cth). The Tribunal was required to assess the applicant's eligibility based on the evidence presented, including the applicant's own testimony regarding his pain, physical limitations, and treatment history, as well as expert medical opinions.

The Tribunal accepted the applicant's evidence of constant pain and its impact on his daily life. However, it found that the available medical evidence did not establish that the applicant's conditions were fully diagnosed, fully treated, and fully stabilised during the relevant period. While the applicant's asthma was diagnosed, it was not considered fully treated or stabilised. His other conditions, including respiratory issues, back and shoulder pain, and hypoxic brain injury, were found to be neither fully diagnosed nor fully treated or stabilised, partly due to a lack of specialist review and further diagnostic testing. Consequently, the Tribunal concluded that the applicant's impairments did not attract the required 20 points under the impairment tables.

Accordingly, the Tribunal affirmed the decision under review, finding that the applicant did not meet the criteria for a Disability Support Pension.