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

This matter concerned an application for a Disability Support Pension (DSP) by Mr Merson against the Secretary, Department of Social Services. The Administrative Appeals Tribunal (AAT) was required to determine whether Mr Merson met the eligibility criteria for the DSP, specifically concerning his diagnosed condition of ankylosing spondylitis.

The central legal issues before the Tribunal were whether Mr Merson’s impairments were fully diagnosed, treated, and stabilised, and whether these impairments attracted a rating of 20 points or more under the relevant Impairment Tables. The Tribunal also considered the definition of "work" for the purposes of the Act, which requires a minimum of 15 hours per week.

The Tribunal found that while Mr Merson suffered from ankylosing spondylitis and depression/anxiety/stress, his conditions were not considered fully treated and stabilised. Medical reports indicated that further treatment, including specialist recommendations for management of his condition and participation in a pain management program, had not been undertaken or completed. Consequently, the Tribunal determined that no impairment rating could be assigned under the Impairment Tables, as the conditions were not optimally treated or stable.

The Tribunal affirmed the decision under review, finding that Mr Merson did not meet all the requirements for DSP eligibility. However, the Tribunal recommended that Mr Merson be exited from his disability employment service provider and granted a permanent exemption from looking for work.