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

This matter concerned an application for a disability support pension by Mrs Atie, with the Secretary of the Department of Social Services as the respondent. The dispute centred on whether Mrs Atie met the legislative requirements for the pension, specifically concerning the diagnosis, treatment, stabilisation, and severity of her medical conditions, and her continuing inability to work. The decision was made by Mrs J C Kelly, Senior Member.

The legal issues before the Tribunal were to determine if Mrs Atie's medical conditions were fully diagnosed, treated, and stabilised. If so, the Tribunal had to assess whether these conditions attracted a rating of 20 points or more under the relevant Impairment Tables, and consequently, whether she had a continuing inability to work. The Tribunal considered evidence relating to Mrs Atie's kidney condition, mental health condition, incontinence, and other ailments, in light of the requirements of section 94 of the Social Security Act 1991 (Cth).

The Tribunal's reasoning emphasised the necessity of making findings based on medical evidence, even while acknowledging Mrs Atie's personal testimony and that of her son. The Secretary accepted that Mrs Atie had an impairment. The Tribunal found that her kidney condition, identified as nephrotic syndrome/glomerulosclerosis, was fully diagnosed and had been present since 2006. While Dr Heise, her general practitioner, indicated in a 2015 report that her anxiety and migraines were generally well managed with minimal impact, he identified the kidney condition as having the most significant impact, causing fatigue and poor endurance. The Tribunal also concluded, based on handwriting analysis and the content of the documents, that Dr Heise had completed key sections of the Disability Support Pension application and a Work Capacity document, listing only the kidney condition as a significant disability.