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

This matter concerned an application for a Disability Support Pension (DSP) by the Applicant, who claimed to suffer from acute depression, anxiety, and high blood pressure. The Secretary of the Department of Social Services had rejected the Applicant's claim. The Administrative Appeals Tribunal was required to determine whether the Applicant was entitled to receive the DSP at the date of her claim or within 13 weeks thereafter.

The central legal issue before the Tribunal was whether the Applicant's medical conditions were fully diagnosed, fully treated, and fully stabilised, and whether these conditions resulted in an impairment of 20 points or more under the relevant Impairment Tables. This assessment was crucial for determining eligibility for the DSP under section 94(1)(a) of the Social Security Act 1991 (Cth).

The Tribunal found that the Applicant's major depressive disorder was not fully diagnosed, fully treated, or fully stabilised during the relevant period. Evidence indicated that while diagnoses had been confirmed by a psychiatrist, ongoing specialist management was recommended, particularly concerning alcohol use, and recovery was dependent on addressing this issue. Similarly, other claimed conditions were also found not to be fully diagnosed, treated, or stabilised. Consequently, the Tribunal concluded that impairment points could not be assigned for these conditions, and the Applicant did not meet the threshold of 20 impairment points. Accordingly, the decision under review to reject the DSP application was affirmed.