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

The Administrative Appeals Tribunal considered an application by Mr Obaidi concerning his eligibility for a disability support pension. The dispute centred on whether Mr Obaidi's impairments met the criteria for receiving this pension, specifically whether they were fully diagnosed, treated, and stabilised, and if they attracted a sufficient impairment rating under the relevant tables.

The Tribunal was required to determine three key issues: first, whether the applicant had any physical, intellectual, or psychiatric impairments that were fully diagnosed, treated, and stabilised; second, if such impairments existed, whether they warranted an impairment rating of 20 points or more under the Impairment Tables; and third, whether the applicant had a continuing inability to work. The relevant date for assessing these qualifications was the date of cancellation of the pension, which was 9 May 2016.

The Tribunal accepted the contention that there was insufficient evidence for the applicant's condition to be regarded as fully diagnosed, fully treated, and fully stabilised on the relevant date. Consequently, the Tribunal found that the applicant's overall impairment rating was 5 points, which did not meet the threshold of 20 points required by section 94(1)(b) of the Act. As this criterion was not satisfied, it was unnecessary for the Tribunal to determine the third issue regarding the applicant's inability to work. The Tribunal affirmed the previous decision.