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

This matter concerned an appeal by Mr Tam against a decision of the Administrative Appeals Tribunal (AAT) affirming the rejection of his claim for Disability Support Pension (DSP). The core dispute revolved around whether Mr Tam's claimed physical and psychiatric conditions met the criteria for a DSP, specifically whether they resulted in a severe impairment or a continuing inability to work. The Tribunal was tasked with determining if Mr Tam had any physical, intellectual, or psychiatric impairments, if these impairments attracted at least 20 points under the Impairment Tables, and if so, whether he had a severe impairment or a continuing inability to work.

The Tribunal considered Mr Tam's reported myocardial infarction in 2012, subsequent hospitalisation, and surgery, which he stated left him feeling weak and sleepy. Medical evidence indicated a diagnosis of NSTEMI, a less severe form of heart attack, and the insertion of a stent. Mr Tam also reported experiencing adverse side effects from prescribed medication for his heart condition, leading him to cease taking it. The Tribunal also examined evidence relating to Mr Tam's GORD, hypertension, spinal condition, and mental health conditions.

In its reasoning, the Tribunal found that while Mr Tam had physical and psychiatric impairments, including heart conditions, a spinal condition, and mental health issues, these were not considered permanent within the meaning of the relevant determination during the qualifying period. Consequently, no impairment rating could be assigned to these conditions. Furthermore, the Tribunal concluded that Mr Tam's GORD and hypertension, although diagnosed, treated, and stabilised, did not cause any functional impairment and therefore did not attract an impairment rating. As a result of these findings, the Tribunal determined it was not necessary to assess whether Mr Tam had a continuing inability to work. The Tribunal affirmed the AAT's decision to reject Mr Tam's DSP claim.