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

This matter concerned an application for review of a decision to affirm the rejection of a claim for a disability support pension. The applicant, Rasekh Fard, sought to challenge the decision of the Secretary, Department of Social Services, which had been affirmed by an Authorised Review Officer. The Administrative Appeals Tribunal was required to determine whether the applicant's claimed spinal and mental health conditions met the criteria for a disability support pension.

The primary legal issues before the Tribunal were whether the applicant's impairments were fully diagnosed, fully treated, and fully stabilised, and whether these impairments attracted an impairment rating of 20 points or more under the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011. The Tribunal also had to consider whether the applicant had a severe impairment and a continuing inability to work.

The Tribunal applied the principles set out in the Social Security Act 1991 (Cth) and related determinations, noting that the Impairment Tables are based on functional capacity rather than diagnosis. The Tribunal found that while the applicant's spinal and mental health conditions were fully diagnosed, they were not fully treated or stabilised at the relevant date of claim. Crucially, the Tribunal determined that neither of the applicant's claimed conditions attracted any impairment points under the Impairment Tables, meaning the applicant did not demonstrate a severe impairment.

Consequently, the Tribunal affirmed the decision under review. The applicant's impairments did not meet the threshold required for a disability support pension, as they did not attract the necessary impairment points and were not considered fully treated or stabilised.