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

This matter concerned an appeal by Mr Ozanic against a decision by the Secretary of the Department of Social Services to affirm a previous decision that he no longer qualified for a Disability Support Pension (DSP). The dispute centred on whether Mr Ozanic’s various medical impairments attracted the requisite 20 points under the Impairment Tables, which are used to assess eligibility for the DSP. Mr Ozanic contended that he suffered from Post Traumatic Stress Disorder (PTSD) with depression and anxiety, Fibromyalgia, and Hepatitis B, and that these conditions rendered him unable to work.

The Administrative Appeals Tribunal was required to determine if Mr Ozanic's impairments met the criteria for a severe impairment under the Impairment Tables, specifically whether he achieved a total impairment rating of 20 points or more. This assessment would dictate his continuing eligibility for the DSP. The Tribunal considered a range of medical evidence, including reports from psychiatrists, general practitioners, neurologists, rheumatologists, gastroenterologists, and a chiropractor, as well as a Job Capacity Assessment (JCA) report and statements from Mr Ozanic himself.

The Tribunal's reasoning focused on the assessment of each of Mr Ozanic's claimed conditions against the Impairment Tables. While acknowledging the diagnoses of PTSD, Fibromyalgia, and Hepatitis B, the Tribunal found that the medical evidence did not support an impairment rating of 20 points or more. For instance, the JCA report indicated that Mr Ozanic's PTSD was fully diagnosed, treated, and stabilised, and his Fibromyalgia presented with minimal discomfort. Reports from other specialists also suggested that his conditions were either well-managed, resolved, or did not meet the threshold for severe impairment. The Tribunal noted that an Authorised Review Officer had previously determined Mr Ozanic's total impairment rating to be 5 points.

Ultimately, the Tribunal affirmed the decision under review. It concluded that Mr Ozanic's total applicable impairment points were 5, which meant he failed to qualify for the DSP as of 31 August 2015.