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

This matter concerned an appeal by Mr Aaron Wade against a decision of the Social Services and Child Support Division to decline his claim for a Disability Support Pension. The purported impairments relied upon by Mr Wade included chronic testicular pain and mental health conditions. The Tribunal was required to determine whether Mr Wade met the eligibility criteria for the Disability Support Pension, specifically whether his impairments resulted in a level of functional limitation assessed at 20 points or more under the relevant Impairment Tables, as required by section 94(1)(b) of the *Social Security Act 1991* (Cth).

The Tribunal considered the evidence relating to Mr Wade's chronic testicular pain, noting varying diagnoses from treating physicians over many years, including epididymal cysts and a varicocele. It also noted that a surgeon's opinion was that cysts were not the cause of the pain and that a hernia repair was required. While Mr Wade underwent hernia surgery, the Tribunal found no corroborative medical evidence referable to the qualification period to support his claims regarding the success or impact of this surgery on his pain. Regarding his mental health conditions, the Tribunal observed that these had not been diagnosed by a psychiatrist or clinical psychologist and were not fully diagnosed.

The Tribunal applied section 94(1)(b) of the *Social Security Act 1991* (Cth), which requires an impairment to be assessed at 20 points or more under the Impairment Tables. Based on the evidence, the Tribunal concluded that the requirements of section 94(1)(b) were not satisfied in relation to either the chronic testicular pain or the mental health conditions. The Tribunal affirmed the decision of the Social Services and Child Support Division to decline Mr Wade's claim for the Disability Support Pension. However, the Tribunal noted that this decision did not preclude Mr Wade from making a new claim in the future.