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

This matter concerned an appeal by the applicant, Mr Rossi, against a decision by the Secretary of the Department of Social Services regarding his eligibility for a Disability Support Pension. The applicant had claimed a range of medical conditions, including liver disease, liver cancer, Hepatitis C, discopathy and radiculopathy, back injuries, a shattered right foot, and depression. The Administrative Appeals Tribunal, presided over by T. Tavoularis SM, was required to determine whether the applicant's impairments attracted at least 20 impairment points under the relevant Impairment Tables, and if so, whether he had a severe impairment or had completed a Program of Support, and whether he had a continuing inability to work.

The court considered the applicant's various medical conditions. The applicant himself stated that issues of alcohol dependency, Hepatitis C, liver cancer, and depression were in his past and did not currently impact his daily functioning. Regarding alcohol dependence, the evidence indicated that while fully diagnosed, it was not fully treated or stabilised during the qualification period, and there was insufficient evidence of engagement in rehabilitation. The applicant confirmed he had not consumed alcohol for four years and it did not affect his daily capacity. Consequently, no impairment points could be assigned to these conditions.

The applicant contended that his spinal disorder and right foot injury were still relevant to his claim. However, the court found that for the purposes of the Disability Support Pension qualification period, the applicant's conditions were not fully treated and stabilised. As a result, no impairment ratings could be assigned to his claimed conditions during the relevant period. The court concluded that the applicant did not qualify for the Disability Support Pension on this application, and accordingly, affirmed the decision under review.