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

This matter concerned an appeal by Mr. Tricarico against a decision of the Secretary of the Department of Social Services. The appeal was heard by a Member of the Administrative Appeals Tribunal. The core dispute revolved around whether Mr. Tricarico qualified for a disability support pension, specifically whether his medical conditions met the criteria of being fully diagnosed, fully treated, and fully stabilised, and whether these conditions attracted 20 or more points under the relevant impairment tables.

The Tribunal was required to determine two primary legal issues. Firstly, whether Mr. Tricarico's medical conditions attracted 20 points or more under the Impairment Tables during the relevant period. Secondly, if this threshold was met, whether he had a continuing inability to work. The assessment of the first issue hinged on whether his spinal condition, and any associated upper limb or mental health conditions, were considered fully treated and stabilised.

The Tribunal found that while Mr. Tricarico's spinal and mental health conditions were fully diagnosed, they were not fully treated and stabilised during the relevant period, and therefore could not be considered permanent for the purposes of the Impairment Tables. Similarly, his upper limb condition was also deemed not permanent. Consequently, the Tribunal was unable to assign impairment points for these conditions. As a result, the Tribunal concluded that Mr. Tricarico's impairments did not attract more than 20 points under the Impairment Tables. The decision under review was affirmed.