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

This matter concerned an appeal by Ms Anderson against a decision of the Secretary of the Department of Social Services regarding her eligibility for a disability support pension. The core of the dispute revolved around whether Ms Anderson's impairment rating met the threshold of 20 points or more under Impairment Table 1 of the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011. The Administrative Appeals Tribunal was required to determine the legal issues surrounding the assessment of Ms Anderson's functional impairment due to Chronic Fatigue Syndrome (CFS).

The Tribunal considered the requirements for a medical qualification for a disability support pension under section 94 of the Social Security Act 1991, which mandates a physical, intellectual, or psychiatric impairment rated at 20 points or more under the Impairment Tables. A key legal principle applied was the requirement that an impairment rating can only be assigned if the condition is 'permanent', defined as fully diagnosed, fully treated, and fully stabilised. The Tribunal also had to assess whether Ms Anderson's CFS had been fully treated and stabilised, particularly in light of observations that she had not accessed specialist treatment, which could potentially lead to significant functional improvement.

The Tribunal found that while there were initial observations suggesting the condition was not fully treated or stabilised, subsequent medical certificates from Drs Masters and Mansfield indicated treatments aligned with the Chronic Fatigue Syndrome Clinical Practice Guidelines. The Secretary accepted this demonstrated management, and the Tribunal agreed that further reasonable treatment was unlikely to result in significant functional improvement. Consequently, the Tribunal turned to consider the terms of Table 1 of the Impairment Tables, which deals with functions requiring physical exertion and stamina, to assess Ms Anderson's functional incapacity. The Tribunal affirmed the decision under review.