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

This matter concerned an appeal by Ms Andrew against the Secretary of the Department of Social Services' decision to refuse her application for a Disability Support Pension. The core of the dispute revolved around whether Ms Andrew's medical conditions, specifically a long-standing headache condition, were fully diagnosed, treated, and stabilised, and whether her impairments rated 20 points or more under the relevant Impairment Tables. The decision was made by a Senior Member of the Tribunal.

The legal issues before the Tribunal were whether Ms Andrew met the criteria for a Disability Support Pension under sections 94(1)(b) and 94(1)(c) of the Social Security Act 1991 (Cth). This required determining if her diagnosed medical conditions were fully diagnosed, treated, and stabilised, and if the resulting impairments met the threshold for a pension as defined by the Impairment Tables.

The Tribunal's reasoning focused on the evidence presented regarding Ms Andrew's headache condition. Expert medical evidence indicated that in March 2014, Ms Andrew was diagnosed with 'Cluster Headaches', with CT scans being normal. While holistic pain management and oxygen therapy were suggested, there was no evidence that these treatments were pursued. Further, records from 2009 and 2010 showed that Ms Andrew had experienced 'short-lived headaches' and had tried various medications, including verapamil. A neurologist noted that her current headaches were a mixture of mild tension and occasional migraine headaches, manageable with analgesics or bed rest, and that she did not wish to try other preventative treatments. The Tribunal concluded that Ms Andrew did not satisfy the requirements of sections 94(1)(b) and 94(1)(c) of the Act during the relevant period.

Consequently, the Tribunal affirmed the reviewable decision, meaning Ms Andrew's application for a Disability Support Pension was not granted.