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

This matter concerned an appeal by Ms Cvetkovski against the rejection of her claim for a Disability Support Pension (DSP). The Administrative Appeals Tribunal (AAT) was required to determine afresh whether Ms Cvetkovski met the eligibility criteria for the DSP, rather than simply reviewing a prior decision for error.

The primary legal issues before the Tribunal were whether Ms Cvetkovski had a qualifying impairment, whether that impairment was permanent, and whether it attracted an impairment rating of at least 20 points under the Impairment Tables. To be considered permanent, a condition must be fully diagnosed, fully treated, and fully stabilised, with the resulting impairment likely to persist for more than two years.

The Tribunal was satisfied that Ms Cvetkovski had psychological impairments resulting from anxiety and depression, meeting the first criterion for DSP. However, the Tribunal found that, despite being fully diagnosed, her conditions were not fully treated or fully stabilised within the relevant qualification period. Evidence indicated that as early as 2007, a Job Capacity Assessment suggested a potential undiagnosed psychiatric illness, and subsequent assessments noted unconfirmed depression and limited treatment sessions.

Consequently, the Tribunal concluded that Ms Cvetkovski did not satisfy the criterion that her impairment be permanent and fully stabilised. For this reason, the decision to reject her claim for a Disability Support Pension was affirmed.