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

This matter concerned an appeal by the applicant, Whitby, against a decision of the Secretary of the Department of Social Services concerning the applicant's eligibility for a Disability Support Pension. The Administrative Appeals Tribunal was required to determine whether the applicant's medical conditions met the criteria for the pension.

The primary legal issue before the Tribunal was whether the applicant's medical conditions were fully diagnosed, fully treated, and fully stabilised, and whether these conditions resulted in an impairment of 20 points or more under the relevant Impairment Tables during the period in question. The Tribunal also considered the cumulative effect of impairments across multiple tables.

The Tribunal found that the applicant's spinal condition was fully diagnosed, fully treated, and fully stabilised during the relevant period, attracting 10 impairment points under Table 4 of the Impairment Tables. However, the Tribunal concluded that the applicant's impairments, even when considered cumulatively, did not reach the threshold of 20 points required for the Disability Support Pension. Consequently, the Tribunal affirmed the decision under review.