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

The Administrative Appeals Tribunal considered the appeal of an applicant, Mr Walk, against a decision by the Secretary, Department of Social Services, to affirm a decision that he did not qualify for a Disability Support Pension. The applicant contended that his medical conditions prevented him from working.

The Tribunal was required to determine whether the applicant's impairments attracted 20 points or more under the Impairment Tables, as stipulated by section 94(1)(b) of the Social Security Act 1991 (Cth). If this threshold was met, the Tribunal would then need to consider whether the applicant had a continuing inability to work.

The Tribunal reasoned that while the applicant presented evidence of various medical conditions, including spinal, shoulder, and other issues, these conditions could not be considered permanent for the purposes of assigning impairment ratings under the Impairment Tables. The applicant's own evidence indicated that some of his conditions were due to "wear and tear" and that he had not undergone specialist treatment due to financial constraints. Consequently, the Tribunal found that the applicant did not accumulate the required 20 impairment points. As this primary requirement was not met, the Tribunal did not need to consider the applicant's continuing inability to work. The decision under review was affirmed.