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

This matter concerned an application for a disability support pension (DSP) by the applicant, represented by Mrs Susanne Orlando, against the Secretary of the Department of Social Services. The core of the dispute revolved around whether the applicant’s impairments met the threshold of 20 points or more under the Impairment Tables, specifically Table 15 concerning the functions of consciousness, as required for the DSP. The decision was made by Senior Member Belinda Pola of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine if the applicant’s medical conditions, when assessed against the criteria in the Impairment Tables, resulted in a sufficient level of functional impairment to qualify for a DSP. This involved a detailed examination of the applicant's diagnosed conditions, the treatments undertaken, and the stability of those conditions, to ascertain whether the prescribed point threshold for eligibility was met.

The Tribunal's reasoning focused on the assessment of the applicant's impairments against the specific requirements of the Impairment Tables. Having concluded that the applicant's impairments did not attract the requisite 20 points under Table 15, the Tribunal found it unnecessary to consider other eligibility criteria, such as those stipulated in section 94(1)(c) of the relevant Act. Consequently, the decision under review, which affirmed the initial rejection of the DSP application, was upheld.