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

This matter concerned an application for a second review of a decision by the Secretary of the Department of Social Services regarding the applicant's eligibility for a disability support pension. The applicant sought to challenge the decision that they did not meet the qualification criteria for the pension. The Administrative Appeals Tribunal (AAT) had jurisdiction to hear the matter as the application was made in accordance with the Social Security (Administration) Act 1999 (Cth).

The primary legal issues before the Tribunal were whether the applicant had a physical, intellectual, or psychiatric impairment, and if so, whether these impairments were fully diagnosed, treated, and stabilised, attracting a rating of at least 20 points under the relevant Impairment Tables. Additionally, the Tribunal had to determine if the applicant had a continuing inability to work, as required by section 94(1) of the Social Security Act 1991 (Cth).

The Tribunal found that while the applicant's mental health conditions and bronchial asthma and bronchitis were diagnosed, they were not considered fully treated and stabilised. Consequently, impairment ratings could not be assigned to these conditions. As the requirement for impairments to be fully treated and stabilised and attract a minimum of 20 points under the Impairment Tables was not met, the applicant did not satisfy the qualification criteria for a disability support pension. The Tribunal affirmed the previous decision.