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. The primary dispute revolved around whether Mr Tang's various impairments met the criteria for a 13-week qualifying period, specifically whether they were fully diagnosed, treated, and stabilised. The case was heard by Professor R McCallum AO, Member.

The legal issues before the Tribunal were twofold: first, whether Mr Tang's impairments, including neck and lower back pain, upper and lower limb conditions, and hearing loss, were fully diagnosed, treated, and stabilised during the relevant claim period. Second, if any impairments were found to meet these criteria and subsequently assessed under the relevant impairment tables, whether Mr Tang had a continuing inability to work.

Professor McCallum AO found that Mr Tang's neck and lower back pain had been fully diagnosed. However, the evidence indicated that his condition was not fully treated or stabilised during the claim period, particularly given his stated expectation of spinal surgery. While the Secretary accepted that Mr Tang had impairments, the crucial question of whether these impairments were fully diagnosed, treated, and stabilised was not satisfied for the purposes of the 13-week qualifying period. Consequently, it was not necessary to assess Mr Tang's continuing inability to work. The decision under review was affirmed.