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

This case concerned an appeal by Mr Shehata against a decision by the Secretary of the Department of Social Services to affirm a decision that he did not qualify for a Disability Support Pension (DSP). The dispute centred on whether Mr Shehata met the eligibility requirements for the DSP, specifically concerning the diagnosis, treatment, and stabilisation of his medical conditions, and whether these conditions resulted in a "severe impairment" that would lead to a continuing inability to work.

The legal issues before the Tribunal were whether Mr Shehata's multiple physical and mental health conditions were fully diagnosed, treated, and stabilised, and likely to persist for more than two years. Crucially, the Tribunal had to determine if Mr Shehata had a "severe impairment" as defined by the relevant legislation, which required his permanent conditions to attract an impairment rating of 20 points or more under a single impairment table. The Tribunal also considered whether Mr Shehata had participated in a program of support.

The Tribunal reasoned that while Mr Shehata's heart, spinal, and shoulder conditions were permanent as at the qualification period, his conditions of depression and Post-Traumatic Stress Disorder (PTSD) were not fully treated and stabilised. Consequently, any functional impairment from these latter conditions did not attract an impairment rating under the relevant tables. The Tribunal found that Mr Shehata had not participated in any program of support in the 36 months preceding the qualification period. Therefore, to satisfy the "continuing inability to work" requirement, he needed to demonstrate a "severe impairment". As he failed to establish this, he did not meet the mandatory requirement under section 94(1)(c) of the Social Security Act 1991 (Cth).

Accordingly, the Tribunal affirmed the decision under review, finding that Mr Shehata did not qualify for the DSP as at the qualification period.