Campbell 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 depression, PTSD, grief, borderline bipolar disorder, and personality disorder. The Secretary of the Department of Social Services had rejected the application, a decision that was subsequently affirmed by an Authorised Review Officer and then by the Social Services & Child Support Division. The Applicant sought a review of this decision by the Tribunal.

The primary legal issues before the Tribunal were whether the Applicant had a physical, intellectual, or psychiatric impairment, and if so, whether these impairments attracted 20 points or more under the relevant Impairment Tables as prescribed by the *Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011*. A further issue, which the Tribunal did not need to consider, was whether the Applicant had a continuing inability to work.

The Tribunal found that while the Applicant did have impairments for the purposes of section 94(1)(a) of the *Social Security Act 1991*, his mental health condition was not fully diagnosed, treated, or stabilised during the relevant period, meaning it could not be considered permanent for the purposes of assigning impairment points. Similarly, the Applicant's neck, shoulder, and thyroid conditions, though fully diagnosed, were also not fully treated or stabilised. Consequently, the Tribunal was unable to assign impairment points for these conditions. As the Applicant's impairments did not attract 20 points or more under the Impairment Tables, the Tribunal affirmed the decision under review.