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

The applicant, Capric, sought review of a decision by the Secretary of the Department of Social Services concerning their eligibility for a disability support pension. The applicant's claim was based on diagnoses of major depressive disorder and panic disorder, which they contended rendered them unable to work. The Senior Member, Chris Puplick AM, presided over the review.

The central legal issue before the Tribunal was whether the applicant's impairments, specifically their major depressive disorder and panic disorder, were fully diagnosed, treated, and stabilised at the time of the assessment. This determination was crucial for assessing any continuing inability to work, distinct from any inability that may have existed during the qualification period for the pension.

The Tribunal affirmed the respondent's decision. The reasoning was that the respondent was able to assess that the applicant's impairments had been fully diagnosed, treated, and stabilised. Furthermore, the respondent was in a position to address the question of any ongoing inability to work, which might have differed from the circumstances prevailing during the qualification period. The decision under review was therefore affirmed.