Ryan and Secretary, Department of Family and Community Services

[2000] AATA 200

DECISION AND REASONS FOR DECISION [2000] AATA 200

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No Q1999/614

GENERAL ADMINISTRATIVE  DIVISION       )          
           Re      NEIL RAYMOND RYAN   
  Applicant
           And    SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES        
  Respondent

DECISION

Tribunal       Mr. D.W. Muller, Senior Member

Date16 March 2000

PlaceBrisbane

..............(Signed)................................
  D.W. MULLER
  SENIOR MEMBER

CATCHWORDS
SOCIAL SECURITY – Disability Support Pension
Social Security Act 1991: s.94

REQUEST FOR WRITTEN REASONS FOR DECISION

16 March 2000        Mr. D.W. Muller, Senior Member             

1. This is an application to review a decision to reject an application by Neil Raymond Ryan for the Disability Support Pension (DSP).

2. Mr. Ryan claims that he has a bad back and that this problem is sufficiently severe for him to be able to qualify for the DSP.

3. The relevant legislation in relation to qualification for DSP is contained in section 94 of the Social Security Act 1991 (the Act).

   "94(1)  [Qualification – continuing inability to work]  A person is qualified for disability support pension if:
   (a)       the person has a physical, intellectual or psychiatric impairment;  and

   (b)the person's impairment is of 20 points or more under the Impairment Tables;  and

   (c)       one of the following applies:

   (i)        the person has a continuing inability to work."

1. Mr. Ryan had a CT scan of his lumbar spine on 1 February 1999.  Dr. B.S. McMenamin, radiologist, reported as follows:

   "CT SCAN OF THE LUMBAR SPINE
   Serial scans were performed from the lumbosacral junction to the lower aspect of L3
   L5-S1:  Some degenerative changes were noted at the facet joints.  The spinal canal was of adequate dimensions.  There was no evidence of a disc protrusion.
   L4-5:  Spinal canal is a little contracted.  There is evidence of a left posterolateral disc protrusion.  Some minor degenerative changes were noted at the facet joints.
   L3-4:   The spinal canal is contracted.  Some degenerative changes were noted at the face joints.  There was no evidence of disc protrusion."

1. Mr. Ryan was examined by Dr. McGrath on 2 March 1999, for the purpose of assessing his impairment rating under the Impairment Tables of the Act.  Dr. McGrath assessed Mr. Ryan as having a zero impairment.

2. Mr. Ryan does not satisfy sub-section 94(1)(b) of the Act. He does not qualify for the DSP.

3. The decision to reject the claim of Neil Raymond Ryan for DSP is affirmed.

   I certify that the 7 preceding paragraphs are a true copy of the reasons for the decision herein of Mr. D.W. Muller, Senior Member

   Signed:         .....................................................................................
              R. Hayes, Associate

   Date/s of Hearing  25 January 2000
   Date of Decision  16 March 2000 (request for written reasons)
   Applicant  Mr. & Mrs. Ryan, self-represented
   Respondent  Mrs. T. Guthrie, departmental advocate