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

This matter concerned an application for a Disability Support Pension (DSP) by Mr McMahon, who had ceased work in 2016 due to peripheral neuropathy. The Secretary of the Department of Social Services opposed the application. The core dispute revolved around whether Mr McMahon met the legislative requirements for a DSP, specifically concerning the severity of his impairments and his continuing inability to work. The case was heard by Ms Anna Burke, a Member of the Administrative Appeals Tribunal.

The legal issues before the Tribunal were whether Mr McMahon 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 his condition attracted a rating of 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.

The Tribunal considered medical evidence regarding Mr McMahon's small fibre polyneuropathy and a mental health disorder. While accepting that Mr McMahon suffered from these conditions, the Tribunal found that at the time of his DSP application, his impairments did not rate 20 points or more under a single impairment table. Specifically, the Tribunal awarded points for lower limb function and upper limb function, but these did not reach the threshold. Furthermore, the Tribunal determined that Mr McMahon did not have a continuing inability to work and had not met the program of support requirements. Consequently, Mr McMahon failed to satisfy all the necessary requirements under section 94(1) of the Social Security Act 1991 to qualify for a DSP. The decision under review, which affirmed the refusal of the DSP claim, was therefore affirmed.