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

This matter concerned an application for review of a decision by the Secretary of the Department of Social Services regarding a Disability Support Pension (DSP). The applicant, Ms Vicki Neville, represented herself, while the respondent was represented by Services Australia. The Administrative Appeals Tribunal (AAT) considered oral submissions and evidence from both parties, as well as written evidence.

The primary legal issues before the Tribunal were whether the applicant's impairments were fully diagnosed, fully treated, and fully stabilised, and whether she met the threshold of 20 points or more under the Impairment Tables during the relevant Qualification Period. The Tribunal noted that only conditions existing and qualifying within the Qualification Period were relevant to the claim, although later evidence could be considered if it referred back to the applicant's condition during that period.

The Tribunal found that the applicant had impairments during the Qualification Period, specifically bilateral hip osteoarthritis and pelvic floor instability, satisfying section 94(1)(a) of the Social Security Act 1991 (Cth). However, upon reviewing the extensive medical evidence concerning her bilateral hip osteoarthritis, including radiology reports, medical certificates, and specialist assessments, the Tribunal concluded that none of these conditions met the requirements of section 94(1)(b) of the Act, which mandates a score of 20 points or more under the Impairment Tables. Consequently, the Tribunal affirmed the decision of the Social Security and Child Support Division.