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

This matter concerned an appeal by the applicant, Mr. Sharma, against a decision by the Secretary of the Department of Social Services regarding his eligibility for a Disability Support Pension. The dispute centred on whether the applicant's various medical conditions, including epilepsy, back and neck pain, and depression and anxiety, met the criteria for qualification under the relevant legislation, specifically concerning the Impairment Tables. The decision was made by Senior Member Chris Puplick AM of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether the applicant's conditions were fully diagnosed, treated, and stabilised, and whether these impairments attracted a rating of 20 points or more under the Impairment Tables as required by subsection 94(1) of the Social Security Act. The Tribunal was required to assess the evidence presented regarding the applicant's epilepsy, back and neck pain, and mental health conditions against these legislative requirements.

The Tribunal found that while the applicant's epilepsy and back and neck conditions were fully diagnosed and subject to ongoing treatment, they could not be considered fully treated and stabilised, as there was a possibility of functional improvement with appropriate treatment. Furthermore, the applicant's mental health conditions were not accepted as fully diagnosed by practitioners meeting the legislative qualifications. Consequently, the Tribunal concluded that none of the applicant's impairments could be formally rated under the Impairment Tables, meaning the threshold of 20 points was not met. As a result, the Tribunal did not need to consider the further limb of subsection 94(1) concerning an inability to work. The decision under review was affirmed.