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

This matter concerned an appeal by Ms. Brookes against the decision of the Secretary of the Department of Social Services to cancel her Disability Support Pension (DSP). The DSP had been granted in 2009 based on diagnoses of anxiety, depression, and panic disorder. A review in 2015 led to the cancellation of the pension, as the assessment under the then-current legislative instrument, the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011, resulted in an impairment rating below the required threshold.

The primary legal issue before the Tribunal was whether Ms. Brookes' impairments were fully diagnosed, fully treated, and fully stabilised at the date her DSP was cancelled, as required by the Determination for qualification. This involved assessing the medical evidence concerning the ongoing management and stability of her mental health conditions, particularly in light of changes to her medication and her engagement with treatment. The Tribunal also considered whether the functional impact of her conditions warranted the necessary impairment points under the relevant tables.

The Tribunal found that while Ms. Brookes' mental health conditions were fully diagnosed, the medical evidence indicated they were neither fully treated nor fully stabilised at the time of cancellation. Although medication changes do not automatically signify instability, the Tribunal gave weight to the written conclusions of her general practitioner and psychiatrist that her condition was not stable. Furthermore, the Tribunal noted that Ms. Brookes had not consistently undertaken reasonable treatment, such as regularly seeing her psychiatrist or a counsellor, and had self-adjusted her medication. Even if the condition had been considered stabilised, the Tribunal found that the functional impact of her conditions did not meet the criteria for severe impairment under the Impairment Tables, citing her ability to undertake self-care, maintain relationships, and complete a university course with assistance. Consequently, the Tribunal affirmed the decision to cancel the DSP.