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

This matter concerned an application for review of a decision by the Secretary, Department of Social Services, to refuse a Disability Support Pension (DSP). The applicant, Rumble, sought to challenge the decision before the Administrative Appeals Tribunal (Tribunal). The Tribunal considered evidence including medical reports from a psychologist and an endocrinologist, along with correspondence and Centrelink documentation.

The core legal issues before the Tribunal were whether the applicant, during the period of 3 May 2018 to 2 August 2018, had a physical, intellectual, or psychiatric impairment that met the criteria for a DSP. Specifically, the Tribunal had to determine if the applicant had an impairment rating of at least 20 points under the Impairment Tables and whether they had a continuing inability to work, as required by the Social Security Act 1991 (Cth). The Tribunal also considered the relevant qualification period for the DSP, as defined by the Social Security (Administration) Act 1999 (Cth), which allows for a 13-week qualification period following a claim.

The Tribunal's reasoning focused on the requirement that an applicant's condition must be fully diagnosed, fully treated, and fully stabilised to qualify for a DSP. In this instance, the Tribunal found that there was insufficient evidence before it to conclude that the applicant's condition met these criteria. Consequently, the Tribunal affirmed the original Reviewable Decision, which had denied the DSP.