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

This matter concerned an appeal by the applicant, Rogers, against a decision of the Secretary, Department of Social Services, regarding the applicant's eligibility for a disability support pension. The dispute centred on whether the applicant's medical conditions met the criteria for the pension, specifically concerning the assessment of impairment points under the relevant tables. The decision was made by D Mitchell M.

The primary legal issue before the Tribunal was to determine whether the applicant's medical conditions were fully diagnosed, fully treated, and fully stabilised, and whether these conditions resulted in an impairment of 20 points or more under the Impairment Tables during the relevant period. This assessment was crucial for establishing eligibility for the disability support pension under section 94(1)(a) of the relevant Act.

The Tribunal found that the applicant's osteoarthritis of the knees was fully diagnosed, treated, and stabilised, qualifying for 10 impairment points under Table 3. However, the applicant's obstructive sleep apnoea was assessed as qualifying for 0 points under Table 1, and their lung and other conditions, while fully diagnosed, were not considered fully treated and stabilised, thus precluding the assignment of impairment points for those conditions. As the applicant's impairments did not reach the threshold of 20 points, either on a single table or cumulatively, the Tribunal concluded that the applicant did not meet the requirements for the disability support pension. Consequently, the decision under review was affirmed.