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

This matter concerned an appeal by Ms Al Yasir against a decision of the Secretary of the Department of Social Services to affirm a decision that she did not qualify for a Disability Support Pension (DSP). The appeal was heard by Dr I Alexander, Member, of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether Ms Al Yasir's mental health conditions were fully diagnosed, treated, and stabilised during the relevant claim period, and whether she suffered a severe functional impact on her activities of daily living due to these conditions, as required by the Social Security Act 1991. Specifically, the Tribunal had to determine if her impairment rating met the threshold of 20 points or more under the relevant Impairment Tables.

The Tribunal considered evidence from Ms Al Yasir's husband and treating medical professionals, including her GP and psychiatrist, Dr Saker. While acknowledging that Ms Al Yasir's mental health condition was fully diagnosed, the Tribunal focused on the adequacy of treatment and stabilisation. Despite some inconsistencies in the medical documentation and a concession that Dr Saker's treatment might not have met the highest standards, the Tribunal accepted his opinion that Ms Al Yasir was "treatment resistant despite maximal doses of antidepressant and antipsychotic medication" and that her condition was fully treated and stabilised. The Tribunal found that her treatment had been reasonable for the purposes of the Impairment Determination and that her condition was permanent. However, the Tribunal found no evidence of a severe functional impact on her activities of daily living, concluding that a rating of 0 points under the Impairment Tables would apply.

Consequently, the Tribunal was satisfied that Ms Al Yasir did not have an impairment rating of 20 points or more, and therefore did not satisfy section 94(1B) of the Social Security Act 1991. The decision affirmed the Secretary's decision that Ms Al Yasir did not qualify for a DSP.