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

This matter concerned an appeal by Ms Collins against a decision by the Secretary of the Department of Social Services regarding her eligibility for a disability support pension. The central dispute revolved around whether Ms Collins met the criteria for the pension, specifically concerning the severity of her physical and psychiatric impairments and their impact on her capacity to work. The decision was made by Miss E A Shanahan, Member, of the Administrative Appeals Tribunal.

The legal issues before the Tribunal were whether Ms Collins had a physical, intellectual, or psychiatric impairment that attracted an impairment rating of 20 points or more under the Impairment Tables, and whether she had a continuing inability to work. This required the Tribunal to assess the evidence regarding her degenerative osteoarthrosis and major depressive disorder, and to determine if these conditions were fully diagnosed, treated, and stabilised, as stipulated by section 94 of the relevant Act.

The Tribunal accepted that Ms Collins had degenerative osteoarthrosis affecting several joints, confirmed by radiological imaging and causing chronic pain and impaired function. However, it found that the evidence regarding the severity of this condition relied heavily on self-reporting, with no expert physical examination or opinion from specialists like a rheumatologist or orthopaedic surgeon. Consequently, the Tribunal agreed with a total impairment rating of 15 points for the osteoarthrosis. Regarding her depression and anxiety, the Tribunal noted a long history but found that the condition was not fully diagnosed, treated, and stabilised, particularly given her binge-drinking and the fact that recommended treatment changes by a psychiatrist had not been instituted. The Tribunal also did not accept the clinical psychologist's assessment of a 20-point impairment for her psychiatric condition, as the psychologist had not been provided with all relevant information, including details of Ms Collins' overseas travel, which would have altered her assessment criteria.