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

This matter concerned an appeal by Ms Blake against a decision of the Secretary of the Department of Social Services affirming a decision that she was not qualified for a Disability Support Pension. The central dispute revolved around whether Ms Blake met the criteria for the pension, specifically concerning the severity of her impairments and her capacity to work. The appeal was heard by Dr L Bygrave, a Member of the Tribunal.

The legal issues before the Tribunal were twofold: first, whether Ms Blake's impairments, namely fibromyalgia and bipolar II disorder, resulted in an impairment rating of 20 points or more under the relevant Impairment Tables; and second, whether she had a continuing inability to work as defined by subsection 94(2) of the Social Security Act 1991 (Cth) during the claim period. The Tribunal was required to assess the medical evidence and determine if these conditions met the threshold for pension eligibility.

In considering the fibromyalgia, the Tribunal noted reports from a rheumatologist, Dr Liew, who diagnosed severe fibromyalgia and assessed a significant functional impact, assigning 20 points for activities requiring physical exertion or stamina. However, a medical adviser, Dr Armstrong, reviewed the evidence and assigned only 10 points, finding that information from Ms Blake's social media was inconsistent with a severe functional impairment, particularly the descriptor for sustained sedentary work. Dr Armstrong concluded that the fibromyalgia was fully diagnosed, treated, and stabilised during the claim period. The Tribunal affirmed the decision under review, finding that Ms Blake did not meet the required impairment rating or demonstrate a continuing inability to work. Ms Blake was advised that she could submit a new application if her circumstances changed.