Lucas and Secretary, Department of Social Services (Social services second review) [2018] AATA 2563 (31 July 2018)

1. Given that the Applicant does not reach 20 points or more at the relevant period, it is unnecessary to consider this question.

1. I respectfully note two things:
   1. I observe that the Applicant seems a sincere man with a not insignificant list of ailments; and
   2. the Tribunal's comments in Bobera that "...[i]f a medical condition has progressed since the time of the original DSP application, then it is up to the Applicant to make a new DSP application." [48]
2. This Applicant has failed to reach 20 points or more via this application because his conditions were not fully treated or stabilised during the relevant period. However, it is to his credit that the Applicant has since he lodged this claim taken significant steps towards treating his conditions.
3. His primary contended conditions may now - some 12 months after the relevant period for this application - be capable of being regarded as fully treated and stabilised. The totality of his current symptomatology, if properly analysed, reported upon and progressed through a fresh application for DSP, could conceivably result in a more favourable impairment rating. This may or may not result in a residual issue of any continuing inability to work. It ultimately comes down to the Applicant's capacity to address and endure the requirements of a fresh application.

1. The Applicant does not qualify for DSP because his claimed impairments did not attract any impairment points during the relevant period.
2. Accordingly, the decision under review is affirmed.

I certify that the preceding 60 (sixty) paragraphs are a true copy of the reasons for the decision herein of Senior Member Theodore Tavoularis

........................[sgd]................................................

[1] Exhibit 6, T documents, T 10, pp 112-141.

[17] See ss 41 and 42, and cl 3 and cl 4(1), Schedule 2, Part 2 of the Social Security (Administration) Act 1999 (Cth).

[30] Ibid, T Documents, T 17, p 207 - in this letter, Dr Bruce changes the management plan of the Applicant such that the Applicant continues taking 400mg of Tegretol twice daily, but that a twice daily dose of 250mg of Keppra is added to that regime.

[31] Ibid, T Documents, T 23, pp 224-225.

[39] Ibid, T Documents, T 14, p 155 - Report of Dr Darrin Marshall, orthopaedic surgeon, dated 20 September 2006.

[40] Ibid, T Documents, T 14, p 156- Report of Dr Darrin Marshall, orthopaedic surgeon, dated 25 September 2006.

[41] Ibid, T Documents, T 14, page 158 - Report of Dr Darrin Marshall, orthopaedic surgeon, dated 8 November 2006.

[42] Ibid, T Documents, T 14, page 160 - Report of Dr Darrin Marshall, orthopaedic surgeon, dated 28 March 2007.

[43] Ibid, T Documents, T 14, page 180.

[44] Ibid, T Documents, T 14, page 196.

[47] See, e.g., Newman and Secretary, Department of Family and Community Servies [2002] AATA 917 per Member Carstairs at [31]-[32].

[48] Bobera and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2012] AATA 922 at [34].