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

This matter concerned an appeal by Mr Visvalingam against a decision by the Secretary of the Department of Social Services to affirm a decision that he did not qualify for a disability support pension. The appeal was heard by Dr L Bygrave, Member, of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether Mr Visvalingam had an impairment rating of 20 points or more under the Impairment Tables during the qualification period, and whether he had a continuing inability to work during that same period. The Tribunal noted that the Secretary accepted, and it was also found, that Mr Visvalingam had physical impairments during the qualification period, satisfying paragraph 94(1)(a) of the Social Security Act 1991 (Cth).

The Tribunal considered the medical evidence regarding Mr Visvalingam's bilateral knees osteoarthritis, spinal condition, and diabetes. Specifically, concerning his osteoarthritis, the Tribunal noted reports indicating end-stage, grade 4 osteoarthritis requiring bilateral total knee joint replacement. Medical advice suggested expediting these procedures due to long waiting lists and the potential for health deterioration. Mr Visvalingam was undertaking a weight loss and exercise program and using medication for pain. The Tribunal referred to the definition of "reasonable treatment" under subsection 6(7) of the Impairment Tables Determination, which includes treatment that is available at a reasonable cost, can reliably result in substantial improvement, is regularly undertaken, has a high success rate, and carries a low risk.

As the Tribunal found that Mr Visvalingam did not meet the criteria of having an impairment rating of 20 points or more under the Impairment Tables, it was not necessary to consider the issue of his continuing inability to work. Consequently, the decision under review was affirmed.