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

This matter concerned an application for a Disability Support Pension (DSP) by the Applicant, which was initially rejected by Centrelink. The Applicant sought a review of this decision by the Administrative Appeals Tribunal (AAT). The core of the dispute revolved around whether the Applicant's medical conditions met the criteria for a DSP, specifically whether they were fully diagnosed, treated, and stabilised during the relevant assessment period, and whether these conditions resulted in an impairment rating of 20 points or more under the Impairment Tables.

The legal issues before the AAT were twofold: first, to determine if the Applicant's various medical conditions, including ischaemic heart disease, neck and back arthritis, and a depressive condition, were fully diagnosed, treated, and stabilised during the qualification period of 10 April 2017 to 10 July 2017. Second, the Tribunal was required to assess whether these conditions, when rated under the relevant Impairment Tables, reached the threshold of 20 points necessary for eligibility for a DSP.

The Tribunal's reasoning focused on evaluating the evidence presented, including medical reports and the Applicant's own statements, against the requirements of the Impairment Tables. The Tribunal accepted that the Applicant's ischaemic heart disease, which had led to multiple stent implantations, caused a moderate functional impact on his physical exertion and stamina, attracting 10 points under Table 1. Similarly, the Tribunal found that the Applicant's neck and back conditions resulted in a mild functional impact, attracting 5 points under Table 4. While acknowledging a depressive condition, the Tribunal noted the lack of specific psychiatric or psychological evidence to quantify its impact during the qualification period. Ultimately, the Tribunal concluded that the Applicant's conditions, as assessed, did not meet the 20-point threshold.