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

This matter concerned an appeal by the applicant, Andrews, against a decision of the Secretary of the Department of Social Services affirming a determination that the applicant was not eligible for a disability support pension. The appeal was heard by Britten-Jones SM in the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether the applicant's medical conditions were fully diagnosed, fully treated, and fully stabilised during the relevant period, and whether the applicant suffered from a severe impairment that resulted in a continuing inability to work.

Britten-Jones SM found that the evidence presented established that the applicant's conditions, including chronic pain and psychological conditions, were indeed fully diagnosed, treated, and stabilised within the meaning of the relevant social security legislation. The Tribunal was satisfied that the applicant's impairments were severe and that these impairments prevented the applicant from undertaking any form of substantial gainful employment. The Tribunal considered the medical evidence, including reports from treating doctors and specialists, and concluded that the applicant met the criteria for a disability support pension.

The Tribunal set aside the decision under review and substituted a new decision that the applicant is qualified for a disability support pension.