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

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision by the Secretary, Department of Social Services, which affirmed a rejection of the applicant's claim for a disability support pension. The applicant had lodged a claim for the pension in August 2018, listing a range of medical conditions including cardiovascular issues, kidney disease, diabetes, and musculoskeletal problems. An assessment conducted in August 2018 recommended rejection of the claim, finding that while some conditions were diagnosed, treated, and stabilised, others were not, and that the applicant's impairments did not meet the threshold for the pension.

The primary legal issues before the AAT were whether the applicant's stated medical conditions were fully diagnosed, fully treated, and fully stabilised during the relevant period of 13 weeks following the claim date (16 August 2018 to 15 November 2018), and if so, whether these conditions resulted in an impairment rating of 20 points or more under the Impairment Tables. The respondent conceded that the applicant had a physical impairment and met program of support requirements, narrowing the dispute to the diagnosis, treatment, and stabilisation of conditions, and the subsequent impairment rating.

The AAT considered the applicant's oral evidence regarding his ankle and shoulder conditions. The applicant testified that his ankle had been problematic for many years, that all available treatment had been exhausted, and that medical advice suggested immobilisation. While the respondent argued that ongoing treatment for the ankle meant it was not stabilised, the AAT found that the applicant's evidence indicated that the condition was as stable as it could be, with no further operative treatment indicated. The Tribunal also noted that the applicant had received non-operative treatment, including an injection and a new brace, during and after the relevant period.

Ultimately, the AAT determined that the applicant's impairment was 20 points or more under the Impairment Tables. Consequently, the decision under review was set aside, and the matter was remitted for reconsideration in accordance with this finding.