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

The Administrative Appeals Tribunal (AAT) reviewed a decision to reject Mr Robert Quinton's claim for a Disability Support Pension (DSP). Mr Quinton lodged his claim on 17 January 2017. The AAT affirmed the decision to reject the claim, finding that Mr Quinton did not meet the criteria for DSP.

The legal issues before the AAT were whether, during the qualification period, Mr Quinton's medical conditions were fully diagnosed, fully treated, and fully stabilised, and whether these impairments attracted a rating of 20 points or more under the Impairment Tables. If these conditions were met, the AAT also considered whether Mr Quinton had a continuing inability to work within two years of the qualification period.

The AAT considered Mr Quinton's various medical conditions. It accepted that his osteoarthritis in the right knee was fully diagnosed, treated, and stabilised, and rated it at 5 points under Table 3 of the Impairment Tables. However, the AAT found that Mr Quinton's back pain was not fully diagnosed, treated, and stabilised at the time of his claim, and therefore could not be rated. Similarly, the venous condition of his right leg was also not considered fully treated and stabilised. Consequently, the AAT determined that Mr Quinton had a total impairment rating of 10 points, which did not meet the threshold of 20 points required for DSP.

As Mr Quinton did not meet the impairment points threshold, the AAT found it unnecessary to consider the third requirement regarding his continuing inability to work. The decision under review was affirmed, meaning Mr Quinton was not qualified for DSP based on his claim lodged on 17 January 2017.