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

The Administrative Appeals Tribunal considered the eligibility of Mr Tanrikulu for the Disability Support Pension (DSP). Mr Tanrikulu, a 55-year-old man with a history of farming and significant health issues including coronary artery disease, diabetes, and back and neck pain, sought to establish his entitlement to the DSP. The Secretary, Department of Social Services, opposed the claim.

The primary legal issues before the Tribunal were whether Mr Tanrikulu met the qualification criteria for the DSP as set out in section 94 of the Social Security Act 1991. Specifically, the Tribunal had to determine if Mr Tanrikulu suffered from a physical, intellectual, or psychiatric impairment, if his conditions were fully diagnosed, treated, and stabilised and likely to continue for at least two years, and crucially, if his impairments attracted a score of 20 points or more under the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011. The Tribunal also needed to consider if Mr Tanrikulu had a continuing inability to work.

The Tribunal found that Mr Tanrikulu did suffer from impairments, including lumbar and cervical spine pain, anxiety, depression, post-traumatic stress disorder, ischaemic heart disease, diabetes, hypertension, and hypercholesterolemia, satisfying section 94(1)(a) of the Act. However, after reviewing the evidence, including previous Job Capacity Assessments and medical reports, the Tribunal concluded that Mr Tanrikulu did not achieve the required 20 impairment points under the Impairment Tables to satisfy section 94(1)(b) of the Act at the time of his DSP application on 11 September 2018. The Tribunal also noted that Mr Tanrikulu had not commenced a program of support as required.

Consequently, the Tribunal affirmed the decision under review, finding that Mr Tanrikulu did not meet all the necessary requirements for eligibility for the Disability Support Pension.