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

This matter concerned an appeal by the Applicant against the cancellation of her disability support pension, which had been in effect from 28 March 2011. The cancellation was effective from 27 February 2015, and the appeal required consideration of the Applicant's medical conditions and their impact during the period from 27 February 2015 to the end of May 2015. The Applicant claimed to suffer from an ankle injury, hypercalcemia, and depression.

The legal issues before the Tribunal were whether the Applicant's impairments were permanent, fully diagnosed, treated, and stabilised, and whether they met the criteria for a disability support pension under the relevant legislative framework, particularly in light of changes to the law in late 2011 which tightened eligibility requirements. The Tribunal was required to assess the Applicant's conditions against the impairment tables and determine if she had a continuing inability to work.

The Tribunal reasoned that for a disability support pension to be granted, an impairment must not only attract 20 points or more under the impairment tables but also be fully diagnosed, fully treated, fully stabilised, and, based on available evidence, persist for more than two years. In relation to the Applicant's hypercalcemia, the Tribunal found that despite numerous hospital admissions, the condition was not fully treated or stabilised, and there appeared to be further treatment options available. Regarding the Applicant's psychological condition, the Tribunal noted that a diagnosis from a psychiatrist or clinical psychologist, rather than her GP, was required for qualification, and the Applicant had not provided sufficient supporting documentation. The Tribunal also noted that the Applicant had not worked since 2004 and expressed her desire to be able to work.

The Tribunal affirmed the decision under review, concluding that as at the date of cancellation, 27 February 2015, the Applicant was not qualified for a disability support pension. The Applicant was encouraged to seek further medical advice regarding her mental health and to consult Centrelink about potential work employment training programs.