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

This matter concerned an appeal by an applicant against the rejection of his claim for a disability support pension (DSP). The Secretary of the Department of Social Services accepted that the applicant suffered from both physical and psychiatric impairments, satisfying one limb of the legislative requirements. However, the central dispute before the Tribunal was whether the applicant's conditions were fully diagnosed, treated, and stabilised (FDTS) during the qualification period, and whether these conditions attracted an impairment rating of at least 20 points under the relevant Impairment Tables, indicating a severe impairment.

The legal issues before the Tribunal were twofold: first, whether the applicant's medical conditions met the FDTS criteria during the relevant qualification period; and second, whether these conditions resulted in an impairment rating of at least 20 points, either from a single condition or a combination of conditions, as required for a DSP claim. The Tribunal was also required to consider the evidence presented in relation to the applicant's physical impairments, particularly his lumbar spine condition, and his claimed mental health condition.

The Tribunal reasoned that for a condition to be considered FDTS and attract an impairment rating, the diagnosis must be made by an appropriately qualified medical practitioner, and self-reported symptoms alone are insufficient. Corroborating evidence of the impairment is also necessary. Specifically, for mental health conditions assessed under Table 5, a diagnosis must originate from a psychiatrist or clinical psychologist, not a general practitioner or an accredited mental health social worker. Despite the applicant's assertion of seeing a clinical psychologist, no evidence from such a professional was presented to the Tribunal concerning his mental health during the qualification period. Consequently, the Tribunal found that the applicant had not satisfied the requirements for a severe impairment rating of 20 points under any single Table or in combination.

Accordingly, the Tribunal affirmed the decision to reject the applicant's claim for a disability support pension.