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

This matter concerned an application for a review of a decision regarding Mr Slater's eligibility for a Disability Support Pension (DSP). The Secretary of the Department of Social Services sought a review of a previous Administrative Appeals Tribunal (AAT) decision. The dispute centred on Mr Slater's shoulder condition and adjustment disorder, which were the only relevant medical conditions for the assessment.

The primary legal issues before the Tribunal were whether Mr Slater possessed a physical, intellectual, or psychiatric impairment, whether this impairment attracted a rating of 20 points or more under the Impairment Tables, and whether he had a continuing inability to work within the meaning of section 94 of the relevant Act. To attract an impairment rating, a condition must be permanent, meaning it is fully diagnosed, fully treated and stabilised, and more likely than not to persist for more than two years. The determination of whether a condition is fully treated and stabilised involves considering corroborating evidence, undertaken treatment, and whether further treatment is continuing or planned, or if there is a compelling reason not to undertake treatment.

The Tribunal found that Mr Slater did have both a physical impairment (shoulder condition) and a psychiatric impairment (adjustment disorder) at the relevant qualification period. However, the Tribunal ultimately concluded that Mr Slater did not attract an impairment rating of 20 points or more. Consequently, it was deemed unnecessary to determine whether he had a continuing inability to work.

The decision under review was set aside. In its place, the Tribunal decided that, as at the qualification period, Mr Slater was not qualified for a Disability Support Pension.