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

This matter concerned an appeal by Bevington against a decision of the Secretary of the Department of Social Services to refuse her application for a disability support pension. The appeal was heard by Senior Member Stefaniak of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether Bevington's impairments were fully diagnosed, fully treated, and fully stabilised, and whether these impairments attracted 20 or more points under the relevant Impairment Tables as required for qualification for a disability support pension.

Senior Member Stefaniak found that the evidence presented did not sufficiently demonstrate that Bevington's impairments had been fully diagnosed, fully treated, and fully stabilised. Consequently, the Tribunal could not be satisfied that the threshold for qualification under the Impairment Tables had been met. The Tribunal concluded that the decision under review was not supported by adequate evidence.

The decision of the Secretary was set aside, and the matter was remitted to the Secretary for reconsideration.