After having been in receipt of disability support pension (DSP) for a number of years, Tom was dismayed to find his payment was cancelled. Tom has an acquired brain injury and he suffers from mental illness.
BRQ established that the cancellation was due to Tom being reassessed under the new criteria which were introduced in 2015. Tom’s conditions were now not considered to be “fully diagnosed treated and stabilised”, so he was awarded 0 “impairment points”.
BRQ appealed on Tom’s behalf to the Administrative Appeals Tribunal Social Services and Child Support Division (AAT1), ensured he was granted “payment pending review”, so he had sufficient income to live on during the appeal process, and obtained his Centrelink file.
It was clear from the file that Tom had been treated for his medical conditions over a number of years and all his treatment options had been exhausted. We managed to have Tom’s medical matters examined by a relevant medical professional to confirm that his conditions were “fully diagnosed treated and stabilised”, which meant he could be awarded points under the Impairment Tables. We wrote submissions on Tom’s behalf and appeared before the AAT(1).
The Tribunal found that Tom has a “severe” impairment and awarded him 30 impairment points. Tom’s DSP was reinstated.