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

This matter concerned an appeal by the applicant against a decision of the Secretary, Department of Social Services, regarding the applicant's eligibility for a disability support pension. The core dispute revolved around whether the applicant's medical conditions met the criteria for the pension, specifically whether the impairments attracted 20 points or more under the relevant Impairment Tables and if the conditions were fully diagnosed, treated, and stabilised. The Administrative Appeals Tribunal (AAT) was tasked with determining these issues.

The legal issues before the Tribunal were twofold: first, whether the applicant's impairments attracted 20 points or more under the Impairment Tables during the relevant periods, and second, if so, whether the applicant had a continuing inability to work. Central to the first issue was the interpretation of "fully diagnosed, fully treated and fully stabilised" in the context of the applicant's spinal condition and other mental health and physical ailments.

The Tribunal found that while the applicant's spinal condition was fully diagnosed following a motor vehicle accident in May 2017, it was not fully treated or stabilised during the relevant periods. This conclusion was based on medical reports recommending various conservative treatments, including physiotherapy, hydrotherapy, and rehabilitation programs, which the applicant had not consistently engaged with. Similarly, the Tribunal found that the applicant's mental health and other conditions were neither fully diagnosed, treated, nor stabilised. Consequently, the Tribunal was unable to assign impairment points for these conditions, as they could not be considered permanent for the purposes of the Impairment Tables. As the applicant's impairments did not attract 20 points or more under the Impairment Tables, the Tribunal affirmed the decision under review.