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

This matter concerned an application for review of a decision to refuse a disability support pension. The applicant, RJZQ, sought to establish eligibility based on a range of medical conditions including chronic renal failure, past thyroid cancer, heart disease, epilepsy, depression, gout, hypertension, and shingles. The Secretary, Department of Social Services, contended that the applicant did not meet the criteria for the pension. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant's impairments attracted a rating of at least 20 points under the Impairment Tables and whether the applicant had a continuing inability to work.

The Tribunal's reasoning focused on the requirement that an impairment must be permanent, meaning it is fully diagnosed, treated, and stabilised, and likely to persist for more than two years, before it can be assessed under the Impairment Tables. Furthermore, symptoms reported by the applicant could only be taken into account if supported by corroborating evidence. The Tribunal considered each of the applicant's listed conditions. For epilepsy, it found insufficient evidence of it being fully treated and stabilised during the qualification period. Chronic renal failure was also found to be under ongoing treatment and not stabilised, with a letter from a specialist postdating the qualification period. Heart disease, specifically the fitting of a pacemaker, occurred after the qualification period ended. Depression was similarly deemed not to have been fully diagnosed, treated, and stabilised within the relevant timeframe, as the applicant was not referred to a clinical psychologist until almost a year after the qualification period concluded. Past thyroid cancer was accepted as treated and stabilised but did not attract points under the Impairment Tables.

Ultimately, the Tribunal concluded that the applicant had zero points under the Impairment Tables, failing to meet the threshold of 20 points required by section 94(1)(b) of the Social Security Act 1991 (Cth). Consequently, it was unnecessary to consider whether the applicant had a continuing inability to work. The Tribunal affirmed the decision under review, finding that the applicant did not qualify for the disability support pension.