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

This matter concerned an appeal by Mr Thomas against a decision of the Secretary of the Department of Social Services regarding his eligibility for a disability support pension (DSP). The dispute centred on whether Mr Thomas's various medical conditions constituted a continuing inability to work during the relevant claim period. The decision was made by Judicial Officer F Toohey SM of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether Mr Thomas's impairments, including remitting and relapsing multiple sclerosis, depression and anxiety, osteoarthritis of the knees, emphysema, and a right wrist condition, were fully diagnosed and treated during the claim period. Crucially, the Tribunal had to determine if these impairments were stabilised and if Mr Thomas had a continuing inability to work within the meaning of the relevant social security legislation. The Tribunal also considered whether a program of support was relevant to the assessment of his work capacity.

Judicial Officer Toohey SM found, on the balance of the evidence before the Tribunal, that Mr Thomas did have a continuing inability to work during the claim period. This conclusion was reached after considering the diagnosed and treated conditions, and their impact on his capacity to engage in employment. Consequently, the Tribunal was satisfied that Mr Thomas qualified for a DSP during the claim period. The decision under review was therefore set aside, and a substituted decision was made that Mr Thomas was eligible for the DSP.