O’Sullivan and Secretary, Department of Social Services (Social services second review)

This matter concerned an application for a Disability Support Pension (DSP) by the applicant, who had previously been in receipt of the DSP. The applicant’s claim was refused, and this decision was affirmed on review by a Departmental authorised review officer and then by the Administrative Appeals Tribunal (AAT) on first tier review. The applicant sought a second tier review by the General Division of the AAT. The applicant claimed a range of conditions including left knee osteoarthritis, a right shoulder/upper limb disorder, a psychological disorder, and chronic lower back and hip pain.

The primary legal issue before the Tribunal was whether the applicant met the requirements of section 94(2) of the Social Security Act 1991, specifically concerning active participation in a program of support. As the applicant acknowledged she had not met the 18-month participation requirement, the Tribunal was required to determine if any of her impairments were considered "severe," attracting a rating of 20 points or more under the Impairment Tables. This, in turn, depended on whether her claimed impairments were fully diagnosed, fully treated, and fully stabilised during the qualification period, which commenced on 25 August 2017 and ended on 24 November 2017.

The Tribunal considered the evidence, including medical reports and oral testimony. It noted that for an impairment rating to be assigned, the condition must be permanent, meaning fully diagnosed, treated, and stabilised, and likely to persist for more than two years. The Tribunal accepted that the applicant's left knee osteoarthritis was fully diagnosed, treated, and stabilised during the qualification period, but it was assessed as attracting only five points under the Impairment Tables, not meeting the threshold for severe impairment. The Tribunal's decision affirmed the previous review decisions.