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

This matter concerned an appeal by Mr Tang against a decision of the Secretary, Department of Social Services, regarding his eligibility for a Disability Support Pension (DSP). The Administrative Appeals Tribunal was required to determine whether Mr Tang met the criteria for DSP during a specific qualification period between 8 April 2019 and 8 July 2019.

The central legal issues before the Tribunal were whether Mr Tang possessed a physical, intellectual, or psychiatric impairment that was rated at 20 points or more under the relevant Impairment Tables, and if so, whether he had a continuing inability to work. To qualify for an impairment rating, a condition must be permanent, meaning it is fully diagnosed, fully treated, fully stabilised, and likely to persist for more than two years. Furthermore, corroborating evidence of impairment is required, and self-reported symptoms alone are insufficient.

The Tribunal found that Mr Tang suffered from several medical conditions, including a spine condition, a lower limb condition, a hearing impairment, and a mental health condition. However, the critical question was whether these conditions, collectively, resulted in an impairment rating of at least 20 points during the qualification period. The Tribunal applied the definition of "permanent" as set out in the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011.

Ultimately, the Tribunal concluded that Mr Tang did not have an impairment rating of 20 points or more during the qualification period. Consequently, he failed to satisfy paragraph 94(1)(b) of the Social Security Act 1991 (Cth), and it was unnecessary to consider his continuing inability to work. The decision under review, which affirmed the denial of the DSP, was therefore affirmed.