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

The Administrative Appeals Tribunal (AAT) considered the case of Mr Michael Moore, who sought a Disability Support Pension (DSP). The dispute centred on whether Mr Moore's medical conditions met the criteria for DSP eligibility during a specific "Relevant Period" from 17 November 2017 to 16 February 2018. The AAT reviewed a prior decision by the Social Services and Child Support Division (SSCSD) of the AAT, which had set aside an earlier rejection of Mr Moore's claim and directed that he satisfied the relevant legislative requirements.

The primary legal issues before the AAT were whether Mr Moore's impairments attracted 20 points or more under the Impairment Tables during the Relevant Period, and if so, whether he had a continuing inability to work. Crucially, the AAT had to determine if Mr Moore's medical conditions were fully diagnosed, fully treated, and fully stabilised during that period, as required by the Social Security Act 1991 (Cth).

The AAT reasoned that while Mr Moore's conditions caused him pain and fatigue, and he had adapted to his limitations, the medical evidence presented did not sufficiently corroborate his self-reported functional impairments during the Relevant Period. The AAT noted that the SSCSD's prior decision had not benefited from all available evidence, including patient notes and a report from Dr Robin O’Toole. Applying the principles that self-reporting of symptoms alone is insufficient and requires corroborating evidence, the AAT accepted Dr O'Toole's opinion that Mr Moore's conditions had only a mild functional impact during the Relevant Period.

Consequently, the AAT set aside the SSCSD's decision and substituted its own decision, finding that Mr Moore did not meet the eligibility requirements for a DSP during the Relevant Period. The AAT clarified that this decision did not preclude Mr Moore from lodging a new application in the future if he could provide updated medical evidence supporting his eligibility.