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

This matter concerned an appeal by Mr McGinnis against a decision to reject his application for a Disability Support Pension (DSP). The Secretary of the Department of Social Services was the respondent. The Administrative Appeals Tribunal (AAT) was required to determine Mr McGinnis' eligibility for DSP as at 15 December 2017, the date his claim was lodged.

The central legal issues before the Tribunal were whether Mr McGinnis had a severe impairment for the purposes of the DSP eligibility criteria, and whether he had satisfied the program of support requirements. The Tribunal was required to assess Mr McGinnis' functional capacity based on his diagnosed conditions, including osteoarthritis, spinal issues, carpal tunnel syndrome, and mental health conditions, and determine if these impairments were permanent and likely to persist for more than two years. The assessment was to be based on the Impairment Tables, which focus on functional loss rather than diagnosis, and require corroborating evidence for reported symptoms.

The Tribunal found that while Mr McGinnis achieved 25 impairment points under the Impairment Tables, there was insufficient evidence to establish a severe impairment under any single table. Consequently, Mr McGinnis was required to satisfy the "continuing ability to work" (CITW) criterion, which includes a program of support (POS) requirement. As Mr McGinnis had not commenced any POS, he failed to meet this requirement.

Accordingly, the Tribunal affirmed the decision of the AAT, which had affirmed the original decision to reject Mr McGinnis' application for DSP.