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

This matter concerned an appeal by Mr Stevens against a decision by the Secretary of the Department of Social Services to cancel his disability support pension. The central dispute revolved around whether Mr Stevens' 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 required to determine if Mr Stevens' physical impairments, specifically a spinal impairment and a heart impairment, met the threshold for a disability support pension.

The Tribunal's task was to assess whether Mr Stevens' impairments attracted an Impairment Rating of 20 or more points. This assessment involved considering the functional impact of his conditions, as measured by the Impairment Tables, and whether these conditions were permanent and likely to persist for more than two years. The Tribunal had to evaluate the corroborating evidence, the treatment undertaken, and the potential for future functional improvement to determine if the conditions were fully diagnosed, treated, and stabilised according to the criteria in the Social Security (Impairment Assessment) Determination 2015.

The Tribunal found that while Mr Stevens suffered from a spinal and heart impairment, the evidence did not support a rating of 20 points or more. Specifically, the self-reported evidence provided by Mr Stevens to the Joint Commonwealth Assessment (JCA) and the Social Security Appeals Tribunal (SSAT) was inconsistent with the higher impairment ratings suggested by one medical report. The Tribunal noted that Mr Stevens' own accounts indicated he could perform certain activities, such as sitting and standing for 20-30 minutes, walking for 15-20 minutes on the flat, and picking objects up from table height, which did not align with the severe functional limitations required for a 20-point rating under Table 4. Consequently, the Tribunal affirmed the decision to cancel the disability support pension.