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

This matter concerned an appeal by Ms Aberdour against a decision by the Secretary of the Department of Social Services regarding her eligibility for a Disability Support Pension. The central dispute revolved around whether Ms Aberdour's mental health condition met the criteria for the pension, specifically concerning the diagnosis, treatment, and stability of her condition during a defined qualification period. The case was heard by D K Grigg M.

The court was required to determine the correct diagnosis of Ms Aberdour's mental health condition, considering conflicting medical opinions. Specifically, it needed to assess whether her condition was Post-Traumatic Stress Disorder (PTSD), as contended by Ms Aberdour and her treating professionals, or Generalised Anxiety Disorder and a probable personality disorder, as opined by a medical expert engaged by the Secretary. Furthermore, the court had to consider whether this condition was permanent and likely to persist for at least two years, and whether it attracted an impairment rating of 20 or more points as required by the relevant legislation.

The court considered evidence from Ms Aberdour's psychologist, Ms Tegan Anderson, who detailed treatment for depression, anxiety, stress, and PTSD symptoms since December 2015, noting ongoing symptoms and exacerbations. While acknowledging that the opinion of Dr Isailovic, engaged by the Secretary, was formed after the qualification period, the Tribunal found it could shed light on Ms Aberdour's condition during that period, particularly as her treating doctors had not provided evidence. Dr Isailovic's opinion was that Ms Aberdour did not meet the diagnostic criteria for PTSD. The Tribunal concluded that Ms Aberdour suffered a mental health impairment during the qualification period, satisfying one limb of the statutory requirement, but the determination of the correct diagnosis and its permanence remained critical.