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

This matter concerned an application for a Disability Support Pension (DSP) by Ms Cremona, who sought review of a decision by the Secretary of the Department of Social Services affirming the refusal of her claim. The core dispute revolved around whether Ms Cremona met the legislative requirements for a DSP, specifically concerning the severity and stability of her impairments and her capacity to work.

The legal issues before the Tribunal were whether Ms Cremona suffered from a physical, intellectual, or psychiatric impairment; whether these conditions were diagnosed, treated, and stabilised and likely to continue for at least two years; whether these conditions attracted 20 points or more under the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011 (the Impairment Tables); and whether she had a continuing inability to work.

The Tribunal considered evidence including medical reports detailing Ms Cremona's various physical and psychological conditions, such as anxiety, depression, osteoarthritis, emphysema, and liver disease. While acknowledging Ms Cremona suffered from impairments, the Tribunal found that at the time of her application, her conditions did not meet the threshold of 20 points under the Impairment Tables. Specifically, her psychological conditions, while long-standing and complex, were not considered fully treated and stabilised, and her physical conditions also did not meet the criteria for point allocation. Furthermore, the Tribunal determined that Ms Cremona did not demonstrate a continuing inability to work and had not completed a required program of support.

Consequently, the Tribunal affirmed the decision to refuse Ms Cremona's DSP claim, finding she did not qualify for the pension on the date of her application or within the subsequent 13 weeks.