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

This matter concerned an appeal by Mr Watts against a decision of the Administrative Appeals Tribunal (AAT) which affirmed a decision to reject his application for a Disability Support Pension (DSP). The AAT had found that Mr Watts' claimed conditions were not fully diagnosed, fully treated, and fully stabilised as at the date of his claim, and therefore could not be considered permanent or allocated points under the relevant Impairment Tables.

The legal issues before the court were whether Mr Watts' spinal condition and mental health condition met the criteria for being fully diagnosed, fully treated, and fully stabilised, as required by the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011. Specifically, the court needed to determine if these conditions were permanent, meaning they were fully diagnosed, fully treated, fully stabilised, and likely to persist for at least two years.

The court applied the definitions of "permanent" and related terms as set out in the Determination. It noted that a condition is considered permanent if it is fully diagnosed, fully treated, and fully stabilised. The court found that Mr Watts' spinal condition, while fully diagnosed, had not been fully treated or fully stabilised, particularly in light of his ongoing participation in pain management programs and the conflicting medical opinions regarding nerve compression. Furthermore, his mental health condition was not considered fully diagnosed. Consequently, none of his claimed conditions met the threshold for permanent impairment under the Impairment Tables.

The Tribunal's decision to affirm the rejection of Mr Watts' application for a Disability Support Pension was affirmed.