Tahtali and Secretary, Department of Family and Community Services

[2004] AATA 320

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2004] AATA 320

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No N2002/759

GENERAL ADMINISTRATIVE  DIVISION		)
Re		MEHMET  TAHTALI

Applicant

And SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

Respondent

DECISION

Tribunal Ms J A Shead, Member

Date29 March 2004

PlaceSydney

Decision The decision under review is affirmed.

[Sgd] J A Shead
  Member

CATCHWORDS

SOCIAL SECURITY – disability support pension –physical, intellectual or psychiatric impairment – entitlement to disability support pension - whether Applicant has impairment rating of 20 points or more under the impairment tables – whether Applicant has continuing inability to work – decision affirmed.

Social Security Act 1991 - sections 94, 100

REASONS FOR DECISION

29 March 2004 Ms JA Shead, Member      

1.      The decision under review before the Administrative Appeals Tribunal (“the Tribunal”) was a decision made by the Social Security Appeals Tribunal (“the SSAT”) (T2) dated 15 May 2002, which affirmed a decision of an authorised review officer (“ARO”) dated 10 April 2002 and a Centrelink delegate of the Secretary of the Department of Family and Community Services (“the Department”) on 17 July 2001 (T10) to refuse a Mr Mehmet Tahtali’s claim for disability support pension (“DSP”) (T5).  .

2.      A hearing was held before the Tribunal on 27 June 2003 at which Mr Tahtali was represented by Mr Colborne of Counsel instructed by Mr Christopher Hynes, Solicitor of Legal Aid NSW.  Ms Simone Ryner, an accredited interpreter in the Turkish language assisted the Tribunal. A Centrelink advocate, Mr Emerson Thisthlethwaite, represented the Department.  

2. The Tribunal took into evidence documents submitted pursuant to section 37 of the Administrative Appeals Tribunal Act1975 ("the T documents”, T1 – T32). The following exhibits were also tendered to the Tribunal:

Exhibit	Description	Date
A1	Statement of Facts and Contentions on behalf of the Applicant	6 June 2003
A2	NSW Technical and Further Education Commission (“TAFE”) Statement of Attainment (Welding Techniques) of Mr Tahtali	October 1991
A3	Dr L Ghaly Medical Certificate	17 January 1998
A4	Dr I Kuroz Medical Certificates	9 April 1998 & 18 June 2001
R1	Statement of Facts and Contentions on behalf of the Department	23 June 2003

BACKGROUND

3.      By way of background, Tribunal extracts the history of the matter from the SSAT decision (T2):

“1.  Mr Tahtali is 45 years of age and claimed disability support pension on 3 July 2001.

2.  Mr Tahtali was examined by a medical adviser from Health Services Australia on 11 July 2001.  The medical adviser assigned impairment ratings of nil for a thoraco-lumbar spine condition under table 5.2, 5 points for ischaemic heart disease under table 1, and 10 points for foot pain under table 4.  The medical adviser also identified depression as a temporary condition.  The medical adviser concluded that Mr Tahtali was unfit for his previous work, but fit for other work such as customer service and clerical work.

3.  On 17 July 2001, Centrelink decided to reject Mr Tahtali’s claim for disability support pension.  Mr Tahtali…