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

This matter concerned an appeal by Secker against a decision of the Secretary, Department of Social Services, which affirmed a decision to refuse Secker’s application for a Disability Support Pension. The dispute centred on whether Secker’s medical conditions met the eligibility criteria for the pension, specifically whether the conditions were fully diagnosed, treated, and stabilised, and whether they attracted a sufficient number of impairment points. The appeal was heard by Senior Member N A Manetta of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine whether Secker’s diagnosed medical conditions satisfied the requirements of the *Social Security Act 1991* (Cth) for the grant of a Disability Support Pension. This involved assessing whether the conditions were fully diagnosed, treated, and stabilised, and whether the level of impairment resulting from these conditions met the threshold of 20 impairment points as stipulated by the relevant legislation.

Senior Member Manetta affirmed the decision under review. The reasoning, though not detailed in the provided text, indicates that the Tribunal found that Secker’s conditions did not meet the necessary criteria for the Disability Support Pension, either in terms of being fully diagnosed, treated, and stabilised, or in terms of attracting the requisite 20 impairment points. The formal decision of the Tribunal was therefore to affirm the Secretary’s decision.