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

This matter concerned an appeal by Mr Smith against the cancellation of his disability support pension by the Secretary of the Department of Social Services. The central dispute was whether Mr Smith's impairments attracted an impairment rating of 20 or more points under the relevant Impairment Tables, as required by section 94(1)(b) of the Social Security Act 1991 (Cth). The Administrative Appeals Tribunal was tasked with determining the functional impact of Mr Smith's conditions at the relevant qualification date.

The legal issues before the Tribunal were whether Mr Smith's identified impairments, specifically a Lumbar Spine Impairment and Arthralgia Impairment, were permanent and likely to persist for at least two years, and if so, what Impairment Rating should be assigned to them. The Tribunal was required to assess these impairments based on the functional impact they had on Mr Smith's ability to perform specific activities, as outlined in the Impairment Tables, and to consider the corroborating medical evidence available as at the qualification date.

The Tribunal reasoned that while the Secretary accepted Mr Smith suffered from physical impairments, the evidence regarding the functional impact of his Lumbar Spine Impairment at the qualification date was insufficient to meet the criteria for a 10-point rating. Medical reports from 2004, 2005, and 2016 indicated difficulties with prolonged sitting, standing, and bending, but did not fully satisfy all the descriptors for a higher rating. Consequently, the Tribunal found the functional impact of his Lumbar Spine Impairment to be between 5 and 10 points, assigning the lower rating of 5 points due to the absence of evidence satisfying all descriptors for the 10-point rating. The Tribunal also noted that other conditions identified by Mr Smith either lacked sufficient evidence of diagnosis, treatment, or functional impact at the qualification date, or were still undergoing investigation and treatment, and therefore could not be considered for the purpose of this application.

The Tribunal affirmed the decision under review, concluding that Mr Smith's impairments did not attract an impairment rating of 20 or more points. The Tribunal advised Mr Smith that he could lodge a new application for a disability support pension if his conditions had since become permanent and were having a significant impact on his ability to function.