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

The Administrative Appeals Tribunal (AAT) considered the case of Mlinarevic and the Secretary, Department of Social Services, concerning an application for a disability support pension. The applicant, Mr. Mlinarevic, sought to establish that he had a continuing inability to work due to various medical conditions, including liver disease, diabetes, hypertension, thrombophlebitis, spinal issues, and knee problems. The Secretary contended that the applicant's conditions did not meet the threshold for a disability support pension.

The primary legal issues before the Tribunal were whether the applicant had any physical, intellectual, or psychiatric impairments, whether these impairments equated to at least 20 points under the Impairment Tables, and if so, whether the applicant had a "continuing inability to work" as defined by the Social Security Act 1991. The Tribunal specifically examined the applicant's liver condition, diabetes and hypertension, thrombophlebitis, spinal condition, and knee condition, assessing them against the relevant Impairment Tables and considering whether they were fully diagnosed, treated, and stabilised during the qualification period.

The Tribunal's reasoning focused on the evidence presented regarding each medical condition. For the liver condition, despite a transplant and ongoing monitoring, medical reports indicated essentially normal liver function tests and that the condition was fully diagnosed, treated, and stabilised, attracting zero points under the Impairment Tables. Similarly, diabetes and hypertension were found to be well-controlled and stabilised, also attracting zero points. Thrombophlebitis was considered to have a mild negative impact but did not meet the criteria for impairment points. Regarding the spinal and knee conditions, the Tribunal found that these were not fully treated and stabilised during the qualification period, as recommended rehabilitation programs and potential surgical interventions had not been undertaken or completed. Consequently, the Tribunal determined that the applicant's impairments did not attract a rating of 20 points or more under the Impairment Tables.

As the applicant failed to meet the threshold of 20 impairment points, the Tribunal found it unnecessary to consider the issue of a continuing inability to work. The Tribunal affirmed the previous decision, concluding that the applicant did not qualify for a disability support pension.