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

This matter concerned an appeal by the applicant, Mr Nobbs, against a decision of the Secretary of the Department of Social Services to affirm a decision that he did not qualify for a Disability Support Pension. The dispute centred on whether Mr Nobbs met the criteria for the pension during the relevant claim period. The case was heard by Senior Member Bill Stefaniak AM RFD of the Administrative Appeals Tribunal.

The Administrative Appeals Tribunal was required to determine two primary legal issues. Firstly, whether Mr Nobbs had impairments that attracted a rating of 20 points or more under the relevant Impairment Tables, as required by section 94(1)(b) of the Social Security Act. Secondly, the Tribunal had to consider whether Mr Nobbs had a continuing inability to work, as defined by section 94(2) of the Act. The respondent conceded that Mr Nobbs suffered from medical conditions causing impairment and satisfied section 94(1)(a) of the Act.

The Tribunal considered evidence regarding Mr Nobbs' lower back pain (Table 4) and his adjustment disorder with depression and anxiety (Table 5). The respondent argued for a maximum of five points for Table 4 and ten points for Table 5. However, the Tribunal noted that a condition must be fully diagnosed, treated, stabilised, and more likely than not to persist for more than two years to attract an impairment rating. Medical evidence, including reports from Dr Pusic, indicated that Mr Nobbs' conditions were chronic, stable, and had reached maximum improvement, with nothing further to be done to improve his condition beyond maintenance. Dr Pusic's reports suggested that Mr Nobbs' conditions presented a significant barrier to future employment and that he was unemployable. The Tribunal found that the core issue was the allocation of points under the tables, with the applicant's own evidence and the medical reports being central to this assessment.